IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2849 of 2006 ISMAT BANO, WIFE OF LATE MD. MUSTAFA, RESIDENT OF SAYED COLONY, KKHAZANCHI HAT, POLICE STATION AND DISTRICT PURNEA. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNEMNT OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, ROAD CONSTRUCTION DEPARTMENT, GOVERNEMNT OF BIHAR, PATNA. 4. THE SUPERINTENDING ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD ANCHAL, PURNEA DISTRICT PURNEA. 5. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISON, KATIHAR, DISTRICT KATIHAR. 6. NASEEMA KHATOON WIFE OF LATE MD. MUSTAFA, RESIDENT OF VILLAGE HASANPUR BARHARWA, POLICE STATION BAJPATTI, DISTRICT SITAMARHI. 7. SHAHID HUSSAIN EZAZ SON OF LATE MUSTAFA, RESIDENT OF VILLAGE HASANPUR BARHARWA, POLICE STATION BAJPATTI, DISTRICT SITAMARHI, AT PRESENT POSTED IN THE OFFICE OF EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION PURNEA, DISTRICT PURNEA. ----------- 02. 11.02.2011 Counsel for the petitioner has filed reply to the counter affidavit filed on behalf of respondent no.5, which is taken on record. 2. Heard learned counsel for the petitioner and the State. 3. Petitioner is the second wife of late Md. Mustafa. She has filed this writ petition praying inter alia to direct respondent no.7, son from the first wife of her husband to maintain her from the salary paid to him in lieu of compassionate appointment granted to respondent no.7. Earlier petitioner had filed C.W.J.C. No.10446 of 2004, which was disposed of under orders dated 25.7.2005, Annexure-6. Perusal of order dated 25.7.2005 indicates that in the light of the agreement between petitioner and the first wife of her late husband, respondent - 2 - no.6, it has been agreed between them that petitioner shall be paid the whole of the provident fund amount payable to her late husband, family pension amount is to be distributed between the first wife and the minor children of the petitioner, the adult son from the first wife, respondent no.6 was given compassionate appointment. When order dated 25.7.2005 was passed by this Court, petitioner was required to have agitated before this Court that besides being paid the provident fund amount of her late husband, she is also required to be maintained from the earnings of the adult son, as interest earned from the provident fund amount payable to her is not enough to maintain the petitioner. 4. Aforesaid submission having not been made when this Court passed order dated 25.7.2005, I am not inclined to entertain such submission at this belated stage. The writ petition is dismissed, however with liberty to the petitioner to agitate the same matter before the authorities in accordance with law. Rajesh/ (V.N. Sinha, J.)