IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11504 of 2007 GURUDEV KUMAR, S/O BIDHYA PASWAN, R/O MOHALLA/VILLAGE-NAYATOLI CHANDBAG, P.S.- KASIMBAZAR, DISTRICT-MUNGER. ……………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2.THE SECRETARY, HOME DEPARTMENT, BIHAR, PATNA. 3.DIRECTOR GENERAL OF POLICE, BIHAR,PATNA. 4.INSPECTOR GENERAL OF POLICE, (ADMINISTRATION) BIHAR, PATNA. 5.DY. INSPECTOR GENERAL OF POLICE, PATNA RANGE, PATNA. 6.DISTRICT MAGISTRATE, PATNA. 7.SR. SUPERINTENDENT OF POLICE, PATNA. …………………RESPONDENTS. ----------- 02/ 07.04.2011 Heard counsel for the parties. The prayer of the petitioner seeking direction for appointment on compassionate ground, on a plea that his father Bidhya Paswan died in harness has been sought to be repudiated by the respondents, who have filed their counter affidavit to show that late Bidhya Paswan, after the death of his first wife in the year 1999, had married again to a lady named Renu Devi and since Renu Devi was the only wife existing on the date of death of Bidhya Paswan in the year-2006 she being in the first category of the dependent was 2 preferred to the petitioner for being appointed on compassionate ground. The counsel for the petitioner would however submit that Renu Devi is an impostor and in fact no marriage between the father of the petitioner and Renu Devi had ever taken place. Counsel for the State on the other hand would invite attention of this Court that there is serious dispute between Renu Devi and the petitioner and to that extent he would refer to a passage of the counter affidavit which reads as follows:- “That the second wife of late S.I. Vidya Paswan i.e.Renu Devi had also filed application with respect to the appointment on compassionate ground. The petitioner Gurudeo Prasad had also filed the petition for appointment on compassionate ground. In the meantime this office had received a letter of Chairman, Bihar Rajya Mahila Ayog. In this letter, it was mentioned that complaint Renu Devi(step mother of the petitioner)has 3 filed a case before Bihar Rajaya Mahil Ayog, stating therein that, her step son has locked her with her children in a room and wanted her signature on the point of revolver on stamp paper. She has also mentioned and requested in the said case that she should be appointed on the compassionate ground and amount of late Vidya Paswan whatsoever should be divided between Renu Devi and the children of the first wife of late Vidya Paswan.” It would thus appear that not only one of the dependent of late Bidhya Paswan, father of the petitioner, has already been appointed on compassionate ground but she has also undertaken to maintain the children of the first wife including the petitioner, and this aspect has been clearly asserted in the counter affidavit which reads as follows:- “That the second wife of the deceased(Vidya Paswan) has filed a petition also with an affidavit stating therein that, after 4 her appointment on the compassionate ground, she will look after the children of the first wife of her late husband Vidya Paswan.” In that view of the matter, when there is no denial to the facts mentioned in the counter affidavit filed by the State including to the aforementioned facts by the petitioner who has not filed any reply to the counter affidavit there would be no option but to hold that the claim of appointment of the petitioner on compassionate ground is wholly misconceived. There can be only one appointment after the death of the deceased employee in harness and the wife of the deceased employee, Renu Devi has already been appointed. In the event, the petitioner would dispute Renu Devi of not being the legally wedded wife of late Bidhya Paswan, he will have to seek remedy of the Civil Court where only such declaration can be made. It is made clear that since, Renu Devi both under law as also under 5 scheme of compassionate ground is obliged to maintain the dependent children of her husband, any complaint with regard to petitioner or anyone other from the first wife, dependent on the deceased employee Bidhya Paswan of not being supported would be looked into by the controlling Authority of Renu Devi. The petitioner would be also at liberty to bring this fact to the notice of the competent authority for ensuring that such undertaking given by Renu Devi as mentioned the aforesaid extracted portion of the counter affidavit is complied in the letter and spirit. With the aforementioned observations and direction this application is accordingly dismissed. Ranjan (Mihir Kumar Jha,J)