Patna High Court
Nikhat @ Nikhat ParveenversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The petition was dismissed because the petitioner, having been divorced, was not entitled to appointment on compassionate grounds.
Summary
The petitioner, the second wife of a deceased government employee, filed a writ petition seeking to quash the order rejecting her application for a compassionate appointment and to compel the authorities to appoint her. She argued that the departmental rules allow appointment on compassionate grounds for a second wife and children. The respondents contended that the petitioner had obtained a "Teen Talaq" and was therefore a divorcee, making her ineligible for such appointment. The court examined the affidavit presented by the petitioner, which admitted the divorce and maintenance settlement, and found no merit in her claim of a surviving marital relationship. Consequently, the court held that the petitioner was not entitled to a compassionate appointment and dismissed the writ application.
Issues considered
- Whether the petitioner, as a second wife who obtained a divorce (Teen Talaq), is eligible for appointment on compassionate grounds under the departmental rules.
- Whether the order rejecting the petitioner's compassionate appointment can be set aside by a writ of certiorari.
- Whether a writ of mandamus can be issued to compel the respondents to make the compassionate appointment.
Legislation cited
- Criminal Procedure Code — s. 125
Subjects
- compassionate appointment
- certiorari
- mandamus
- divorce
- second wife
- government service
- Bihar Road Construction Department
- eligibility
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4726 of 2024
======================================================
Nikhat @ Nikhat Parveen, Wife of Late Md. Sayyad Alam @ Sayyad,
Resident of Village-Murballa Ward No.2, Post Office Hariya Bara, Police
Station-Araria R.S. (O.P.), District-Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Road Construction Department
Govt. of Bihar, Patna.
2. The District Magistrate, Araria.
3. The Engineer in-Chief Road Construction D Govt. of Bihar, Patna.
4. The Chief Engineer, Simanchal Sub-Division, Road Construction
Department, Patna.
5. The Compassionate appointment Committee, through District Magistrate,
Araria.
6. The Superintending Engineer, Road Ancha, Road Construction Department
Purnea.
7. The Executive Engineer, Road Division, Road Construction Department,
Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amir Alam, Advocate
For the Respondent/s : Mr. Satya Vrat, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
8 15-05-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs :-
“(i) For issuance of direction/
directions or order/orders or writ/writs
particularly in the nature of certiorari to quash
the order contained letter No. 1827/ dated
30.11.2023 issued under the signature of
Patna High Court CWJC No.4726 of 2024(8) dt.15-05-2026
2/5
executive Engineer, Road Construction
Department Road Division, Araria by which
appointment on compassionate ground of the
petitioner has been rejected in most arbitrary
manner even without assigning any reason.
(ii) For issuance of direction or order
or writ particularly in the nature of mandamus
for commanding and directing the Respondents
to make appointment on compassionate ground
on suitable post to the petitioner.
(iii) For any other incidental and
consequential relief to which the petitioner is
found fit under this facts and circumstances of
this case.
A true Photo copy of letter
No. 1827 dated 30.11.2023 is annexed
herewith and marked as Annexure-P/1
to this petition.”
3. The case of the petitioner in brief is that the
deceased employee was appointed as a Messenger in the Road
Construction Department, Government of Bihar in the year
1981. After the death of his first wife, the petitioner entered into
marriage/Nikah with him. Unfortunately the husband of the
petitioner died in harness on 18.11.2021. Left with no source of
income, the petitioner filed an application for her appointment
on compassionate ground. The respondents not having taken any
steps for the petitioner’s appointment, the same has lead to the
Patna High Court CWJC No.4726 of 2024(8) dt.15-05-2026
3/5
petitioner filing the instant application for the reliefs prayed for
as stated herein above.
4. It is submitted by learned counsel for the petitioner
that there is no dispute with respect to the fact that the petitioner
happens to be the wife of the deceased employee. Referring to
the letter dated 20.7.2023 (Annexure-P4) of the District
Establishment Deputy Collector, Araria, it is submitted that
Clause-4 of the letter dated 13.7.2022 of the General
Administration Department clearly provides for appointment on
compassionate ground of the second wife as also the children
born out of the second wedlock. As such it is prayed that the
respondents be directed to appoint the petitioner on
compassionate ground.
5. The application is opposed by learned counsel
appearing for the respondents. It is submitted that though it is
not in dispute that the petitioner happens to be the second wife
of the deceased employee, however at the same time the
petitioner being a divorcee as evident from the affidavit sworn
by the petitioner herself in Divorce Case no.135 of 2015
pending in the Court of Principal Judge, Family Court, Araria,
the petitioner being divorced, there being no surviving
relationship of the petitioner and the deceased employee on the
Patna High Court CWJC No.4726 of 2024(8) dt.15-05-2026
4/5
date of his death, no appointment on compassionate ground can
be made.
6. Heard learned counsel for the parties and perused
the material on record.
7. The petitioner happens to be the second wife of the
employee who while working in the Road Construction
Department, Government of Bihar died in harness on
18.11.2021. The question as to whether the petitioner herein i.e.
the second wife of the employee was his wife or divorce had
taken place between her and the deceased employee, reference
may be made to the reply to the counter affidavit filed on behalf
of the respondents wherein Annexure P/5-1 has been brought on
record which is an affidavit sworn by the petitioner bearing
no.7426/2015 in connection with Case no.135M of 2015
(Nikhat Parween & Anr. vs. Md. Saiyyad) filed in the Court of
Principal Judge, Family Court, Araria under section 125 of the
Cr.P.C. for maintenance. A perusal of the said affidavit would
show that a statement has been made by the petitioner to the
effect that on the basis of an agreement between the parties, the
deceased employee gave her Teen Talaq and a total amount of
Rs.76,390/- by way of maintenance etc.
8. At this stage, it is submitted by learned counsel for
Patna High Court CWJC No.4726 of 2024(8) dt.15-05-2026
5/5
the petitioner that a perusal of the said affidavit would show that
there are no witnesses to the said oath/affidavit having been
sworn by the petitioner. Contrary to the submissions, it
transpires that the oath/affidavit has been sworn by the
petitioner in presence of one Chandranand Das, Advocate of
Araria and Sangiruddin who have identified the petitioner.
9. In view of the facts and circumstances of the case,
the Court finds that the petitioner has not made out any case for
interference in the order impugned dated 30.11.2023.
10. There is no merit in the instant writ application
and the same is dismissed.
11. All the pending interlocutory application(s) also
stands disposed of.
(Partha Sarthy, J)
avinash/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.