Nunuwati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13773 of 2008 ====================================================== Nunuwati Devi wife of late Asharfi Paswan, resident of Mohalla Sipahi Tola, , P.s. K. Hat, District Purnea.

.... .... Petitioner/s

Versus

1.The State of Bihar through Department of Personnel & Administrative Reforms, Government of Bihar, Patna.

2.The Collector, Purnea.

3.The District Panchayat Raj Officer, Purnea. 4.The Sub Divisional Officer, Sadar, Purnea.

5.The District Establishment Committee for Compassionate Appointment, Purnea.

6.Shivji Paswan, son of late Asharfi Paswan, resident of Mohalla Sipahi Tola, P.S. K. Hat, District Purnea.

.... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 28-07-2015 Heard learned counsel for the parties.

Having regard to the fact that after the death of the husband of the petitioner, her case was examined and not found fit for appointment on compassionate ground because she was found to be ineligible, this Court would not find any error in the appointment of the son of the husband of the petitioner from his first marriage, inasmuch as, the petitioner claims to be the second wife who was married to late Asharfi Paswan after the death of the first wife.

The only other submission that Shivji Paswan, the

Patna High Court CWJC No.13773 of 2008 (2) dt.28-07-2015 step-son of the petitioner, after being appointed on compassionate ground, is not looking after the interest of the petitioner and other dependant family members is a question of fact and therefore this Court would give liberty to the petitioner to approach the appointing authority of Shivji Paswan to satisfy that Shivji Paswan is not carrying out the obligations set out in his appointment letter namely, looking after the dependant family members of late Asharfi Paswan.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U