IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12640 of 2007 RITA DAS, aged about 38 years, wife of late Manikant Vidyarthi, resident of village Nandnama, P.S. Ramgarh Chowk, District Lakhisarai, at present resident of Suryagarha Pani Tanki, P.S. Suryagarha, District Lakhisarai … Petitioner Versus 1. THE STATE OF BIHAR, through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 2. District Magistrate, cum Chairman Compassionate Appointment Establishment Committee, Lakhisarai 3. D.E.O., Lakhisarai 4. District Superintendent of Education, Lakhisarai 5. Circle Officer, Suryagarha, District Lakhisarai 6. Block Education Extension Officer, Suryagarha, District Lakhisarai 7. Drawing and Disbursing Officer, Middle School, Alinagar, Suryagarha, Lakhisarai 8. Headmaster Middle School, Alinagar, Suryagarha, Lakhisarai … Respondents ----------- 2. 8.4.2011 Heard counsel for the parties in respect of solitary prayer of the petitioner for his appointment on compassionate ground. Admittedly the issue relating to the succession and the petitioner being legally wedded wife of the deceased employee in fact is subjudice in T.S.No. 50/2001. In that view of the matter, this Court would find it difficult to issue a direction to the respondents for appointment of the petitioner on compassionate ground treating her to be legally wedded wife of the 2 deceased employee. Counsel for the petitioner would submit that the petitioner is being paid the family pension and therefore, it should be presumed that she is the legally wedded wife of the deceased employee. Unfortunately such presumption in the facts of this case will not be available, inasmuch as in the earlier round of proceedings relating to family pension this Court in C.W.J.C.No. 11490/2002 this Court by an order dated 13.5.2003 had made it clear that: “9. In that view of the matter, it appears to me on the basis of the limited materials available before me that the petitioner is the wife of late Manikant Vidyarthi and is, therefore, entitled to the post retirement benefits admissible to her consequent upon his demise. Respondent no.4 is hereby directed to ensure release of the money benefits to the petitioner within a period of two months of the date of receipt and/or production of a coy of this order. However, this does not conclude matters in view of the rival claims of respondent no.8 and the pendency of title Suit No. 50 of 2001, wherein the present petitioner is defendant no.1. In 3 that view of the matter, it will be open to respondent no.8 to pursue her claim in the suit which shall be disposed of on the basis of the evidence adduced by the parties and grant of post retirement benefits on account of demise of late Manikant Vidyarthi shall abide the result of the suit. In view of the position that the present writ petition is disposed of on the basis of the limited materials available on record, it goes without saying that the civil court shall try the suit unmindful of the views recorded herein which has been done for the limited purpose of disposal of this writ petition.” The said finding of the learned Single Judge in fact also stands approved by dismissal of the Letters Patent Appeal filed by the first wife of the deceased employee noticing pendency of the title suit. In that view of the matter, this Court for the time being will not exercise its discretion for issuing a direction for appointment of the petitioner but then it is made clear that if in the pending Title Suit No. 50/2001 it is held that the petitioner is legally wedded wife of the deceased 4 employee her case for appointment on compassionate ground will be considered strictly in accordance with the policy of the State Government. It is also made clear that in that event the State and its officials will be precluded from raising an objection with regard to delay or limitation against the petitioner seeking her appointment on compassionate ground. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/