Jasmati Devi vs The State of Jharkhand

Mr. Pramath Patnaik, J.—In both the writ petitions, since the reliefs sought for are interlinked and similar in nature, hence, with the consent of both the parties, they have been heard together and are being disposed of by this common order.

In the accompanied writ applications, the petitioners have, inter alia, prayed for direction upon the respondents to pay and release the death-cum-retiral benefits of the deceased-husband; besides that in W.P. (S) No. 7777 of 2012, the petitioner has also prayed for direction upon the respondents to consider the case of the son of the petitioner for compassionate appointment, for which he has already applied for on 24.05.2010.

The facts, in brief, is that the deceased-employee, namely late Sukhlal Sahu died in harness on 24.06.2008 while serving on the post of Assistant Teacher at Government Primary School, Boroseta (Bano). It has further been averred that late Sukhlal Sahu solemnized two marriages; first with Lukhadi Devi and second with Jasmati Devi @ Ghurni Devi. From the record, it further manifests that there is no issue from the fist wife of the petitioner and from the second wife, there are four sons.

After some argument, learned counsel for the petitioners with the consent of the parties submitted that family pension and Death-cum-retiral benefits may be apportioned between the two wives of the petitioner and so far compassionate appointment is concerned, the same may be extended to son of second wife. In support of their argument, learned counsel for the petitioner referred to the judgment rendered in the case of Amlawati Devi v. The State of Bihar & Anr. as reported in 2003(2) PLJR 218, wherein the Hon''ble Court has held that when a Government employee is survived by more than one widow, the pension will be paid to them in equal share and on the death of a widow her share of the pension will become payable to her eligible minor child and further if the second wife has minor children, then they will be entitled to family pension till they attain majority. Learned counsel for the petitioner appearing for first wife submitted that the petitioner has no objection if compassionate appointment is offered to son of second wife.

Learned counsel appearing for the respondents submitted that as per the amended provision by Memo No. PC-1-Misc 41/92/10059 dated 06.09.1996, the first wife of late Sukhlal Sahu is entitled for family pension and daughter/son from second wife is also entitled to get pension amount.

In view of the submissions advanced by learned counsel appearing for the parties, in particular relevant amended provision vide memo dated 06.09.1996 of Finance Department, Govt. of Bihar, and decision cited by learned counsel for the petitioners, the respondents-authorities are directed to apportion the amount of family pension between first wife of the petitioner and sons of second wife, till they attains the age of majority and further the amount of death-cum-retiral benefits be also apportioned between first wife of the petitioner in one part and second part among sons of second wife in equal share.

So far the matter relating to compassionate appointment is concerned, the petitioner is directed to submit a fresh representation in prescribed format before the Deputy commissioner, Simdega-respondent no. 2, who in turn shall take a decision in the matter at an earliest preferably within a period of four months from the date of receipt of such representation annexing copy of this order.

With the aforesaid observations and directions, the writ petitions stand disposed of.