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Patna High Court

Nikhat @ Nikhat ParveenversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
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                             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
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          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
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          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
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                      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


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