IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9780 of 2007 MINA DEVI, W/O LATE RAM SAHAY YADAV, R/O VILLAGE-KHUDAURI TOLA MALLAH CHAK, P.S.HULASH GANJ, P.O. BAURI, BELDARI, DISTRICT-JEHANABAD. ………………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH SECRETARY ENERGY DEPARTMENT, BIHAR, PATNA. 2.THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, PATNA. 3.THE EXECUTIVE ENGINEER, ELECTRICITY BOARD, JEHANABAD. 4.JUNIOR ENGINEER, HULASH GANJ, JAHANABAD ELECTRICITY OFFICE. 5.SUB DIVISIONAL OFFICER, HULASH GANJ, ELECTRICITY BOARD, BULASH GANJ, JAHANABAD ELECTRICITY OFFICE. 6.GENERAL MANAGER CUM CHIEF ENIGNEER, GAYA, ELECTRICITY OFFICE, GAYA, ELECTRICITY GAYA DIVISION. ……………………RESPONDENTS. ----------- 02/ 07.04.2011 No one appears for the petitioner. Counsel for the Bihar State Electricity Board (hereinafter referred to as the Board) is present and would draw the attention towards paragraph no.9 of the writ petition, which reads as follows:- “That the petitioner is a 31 years aged as Medical Board stated and she is capable to do service in place of Late husband and the first wife Urmila Devi is taking family pension from the respondent and the first wife has declared in her Affidavit before the Executive Magistrate, Jehanabad that she will not do service and except 2 family pension may be given to her which she is getting from the respondent, so service may be given to Mostt. Mina Devi a compassionate ground for the maintenance of minor two children and first wife Urmila Devi aged about more than 55 years, and she is suffering from many diseases and she has also declared in her affidavit and she has not interest except family pension and dues of late husband and other benefits from Department may be given to second wife Mina Devi and service also may be given to Mina Devi. She has no objection at all for the consent of Urmila Devi, she has given also no objection certificate because the first wife is issueless.” Mr. Singh, learned counsel for the Board, on the basis of the aforesaid admitted statement of the petitioner would submit that once it is admitted by her that she is the second wife of late Ram Sahay Yadav who was a hindu, her marriage itself allegedly performed during the lifetime of the first wife Urmila Devi, the petitioner will not even qualify for appointment on compassionate ground as she cannot be held 3 to be the wife of the deceased employee in the eye of law. In the opinion of this Court, the submission of Mr. Singh has to be accepted for more than one reason. As per the provisions in the Hindu Marriage Act, a hindu spouse either husband or wife cannot enter into a second marriage in the lifetime of the other spouse and any such marriage performed by a spouse during the lifetime of the other living spouse is void. Moreover, the circular of compassionate appointment itself categorises wife as the first dependent amongst the four relatives of the deceased employee, eligible for appointment on compassionate ground but then the question would be which wife? It is only such wife who can be recognized as a wife in law. If the marriage of the petitioner and her being the second wife is not recognized by law, she will have no right of being considered for appointment on compassionate ground as she would not be covered by the policy of compassionate appointment. That being so, this application is devoid of any merit and is, accordingly, dismissed. 4 Ranjan (Mihir Kumar Jha,J)