IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1803 of 2010 MD.MUNNA S/O LATE MUSLIM R/O MOHALLA- ADALATGANJ, P.O. G.P.O., P.S. KOTWALI, DISTT.- PATNA Versus 1. THE PATNA MUNICIPAL CORPORATION, PATNA THROUGH THE MUNICIPAL COMMISSIONER, MAURYA LOK, DAKBUNGLOW ROAD, PATNA 2. THE MUNICIPAL COMMISSIONER, THE PATNA MUNICIPAL CORPORATION, PATNA, MAURYA LOK, DAKBUNGLOW ROAD, PATNA 3. THE EXECUTIVE OFFICER, BANKIPUR ANCHAL, PATNA MUNICIPAL CORPORATION, PATNA 4. MD. NABILA KHATOON W/O LATE MUSLIM R/O MOHALLA- ADALATGANJ, P.O.- G.P.O., P.S.- KOTWALI, DISTT.- PATNA 5. MD. RAUSHAN KHATOON W/O LATE MUSLIM R/O MOHALLA- ADALATGANJ, P.O.- G.P.O., P.S.- KOTWALI, DISTT.- PATNA 6. NAUSABA KHATOON D/O LATE MUSLIM R/O MOHALLA- ADALATGANJ, P.O.- G.P.O., P.S.- KOTWALI, DISTT.- PATNA ----------- 03. 08.03.2010 Heard learned counsel for the petitioner and the Patna Municipal Corporation(hereinafter referred to as the Corporation). 2. Petitioner is the son of late Md. Muslim who was an employee of the Corporation and died in harness on 28.6.2006. This writ application has been filed praying inter alia to direct the Corporation to consider the case of the petitioner for grant of compassionate appointment as the Corporation is not considering the case of the petitioner for such grant, although, the other two wives of the deceased employee, namely, Mostt. Nabila Khatoon and Mostt. Raushan Khatoon have given affidavit dated 10.9.2007, Annexure-2 that they do not object if the petitioner who is the son of Md. Muslim from his second wife namely, Salma Khatoon, who predeceased her late husband is given such compassionate appointment. 3. Aforesaid prayer is being objected to by the counsel for the Corporation as according to him Raushan Khatoon disputed the contents of the affidavit dated 10.9.2007, Annexure-2 and filed - 2 - C.W.J.C. No.9239 of 2009 for considering her case for appointment on compassionate ground, which was rejected by this Court under orders dated 5.8.2009 on the ground that her husband died on 28.6.2006 and the application for compassionate appointment was filed by Raushan Khatoon belatedly in the year 2009. 4. Having heard counsel for the petitioner and the Corporation, I am of the view that as the contents of the affidavit dated 10.9.2007 Annexure-2 is being disputed by one of the wives who is said to have affirmed the said affidavit, in my opinion the Corporation has rightly not considered the case of the petitioner for appointment on compassionate ground as there is dispute between the heirs of late Muslim as to who should be granted compassionate appointment and in such view of the matter I do not see any merit in this application, which is dismissed. Rajesh/ (V.N.Sinha, J.)