IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6679 of 2007 Md. Razi Ahmad, son of late Md. Haroon, Resident of Village Diyari Majgawa, P.O. Gayari, P.S. Araria, District Araria. ------- Petitioner Versus 1. The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Government of Biuhar, Vishwashraiya Bhawan, Patna-1. 3. Superintending Engineer, Public Health Engineering Circle Office, Bhagalpur. 4. Executive Engineer, Public Health Engineering Department, Divisional Office, Purnia. ----------- Respondents ----------- 2 5.4.2011 Heard learned counsel for the parties. The prayer of the petitioner, seeking direction from this Court for appointment on compassionate ground, is sought to be opposed by the respondents by taking a plea that there is a serious dispute with regard to the succession of the deceased employee, inasmuch as, he had two wives and even two succession cases have been filed, one being Succession Certificate Case No. 4 of 2005 before the Sub-Judge, Araria and another being Succession Certificate Case No. 6 of 2006 before Sub-Judge-I, Purnea. In a situation like this where the respondents have taken a plea that the first 2 wife of the father of the petitioner had taken divorce in the year 1999 and the second wife of the father of the petitioner had immediately re-married another person soon after death of the father of the petitioner, where there has been real squabble for the retirement benefit and compassionate appointment, there was little option for the authority but, to await for the result of the succession cases filed by different members of the deceased employee. That being so, this application is disposed of with a liberty to the petitioner that in case the succession certificate is issued in his favour by the competent civil court, he will have liberty to renew his prayer for appointment on compassionate ground. It is made clear that in that event, the State and its authority will not take objection as with regard to delay in examining the claim of the petitioner for his appointment on compassionate ground and the application filed by the petitioner on 4.12.2004 vide Annexure-2 to the writ application will be processed by the District 3 Compassionate Appointment Committee for appropriate decision strictly in accordance with the policy of the State Government dated 5.10.1991 as updated by different circulars. With the aforementioned observations and liberty, this application is disposed of. Rsh (Mihir Kumar Jha, J.)