1 S.B.CIVIL WRIT PETITION NO.6473/2005 Allah Noor Vs. State of Raj. & Anr. Date of Order :: 15.10.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr Devi Lal R Vyas, for the petitioner. Mr. B.L. Bhati, for the respondents. *** By this petition for writ a challenge is given to the order dated 27.5.2005 passed by the District Education Officer (Secondary) Department of Education, Jaipur denying appointment to the petitioner on compassionate grounds on the count that he is son of the second wife of the deceased government servant and as per the Rule 25 of the Rajasthan Civil Services Conduct Rules, 1971 no government employee who has a wife living shall contract another marriage without first obtaining permission of the Government notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable. It was stated by learned counsel for the petitioner that Sh. Abdul Rahman, his father, contracted second marriage only after seeking permission of the Government, and therefore, Rule 25 of the Conduct Rules of 1971 is having no application in the present controversy. A direction was given to the respondents on 24.7.2008 to keep available service record of Sh. Abdul Rahman to verify as to whether he contracted second marriage after seeking permission of the Government. The record aforesaid is made out by the respondents, however, it is stated by learned counsel for the respondents that even 2 by assuming that the second marriage by late Sh. Abdul Rahman was contracted after obtaining permission from the Government of Rajasthan the petitioner is not entitled to be appointed on compassionate grounds. It is stated by learned counsel for the respondents that Sh. Abdul Rahman died in the year 1989 and an application seeking appointment was made by the petitioner after acquiring majority in the year 2003, and as such, at this belated stage there was no occasion to employ the petitioner on compassionate grounds. Heard counsel for the parties. By the communication dated 27.5.2005 the respondents communicated the petitioner that appointment on compassionate grounds is not permissible to him as his father contracted second marriage and he is son of second wife. In this petition for writ while defending the decision communicated under the letter dated 27.5.2005 it is not open for the respondents to supplement separate reasons to deny appointment to the petitioner on compassionate grounds. Hon'ble Supreme Court in Commissioner of Police, Bombay Vs. Gordhandas Bhanji held as follows: “Public orders publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of what was in his 3 mind, or what he intended to do. Public orders made by public authorities are meant to have public effect and are intended to affect the acting and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself.” The law laid down by the Hon'ble Supreme Court in Gordhandas Bhanji's case (supra) was reiterated in the case of Mohinder Singh Gill and Another Vs. The Chief Election Commissioner, New Delhi & Ors. reported in AIR 1978 SC 851. As such, in the instant matter while defending the decision communicated under the letter dated 27.5.2005 it is not open for the respondents to raise any other ground than the reason given in the order concern to deny appointment to the petitioner on compassionate grounds. Though, it is open for the respondents while considering case of the petitioner for compassionate grounds to consider his case from all legal aspects available, including the ground relating to second marriage of Shri Abdul Rehman. In view of it, this petition for writ stands allowed. The reason given in the communication dated 27.5.2005 for denying appointment to the petitioner on compassionate grounds is declared illegal. The respondents are directed to consider candidature of the petitioner afresh from appointment on compassionate grounds as per the law. (GOVIND MATHUR), J. Jgoyal '