PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

Heard Mr. Ali Muqtadir Ahmad, learned counsel appearing on behalf of the petitioner and Mr. Rakesh Ranjan learned AC to GP 20 for the State.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-

(I)For direction to the respondent concerned to consider the case of the petitioner for appointment on compassionate ground as her husband died on 08.03.2007 while working on the post of Assistant Teacher in Middle School, Mojahidpur, Bhagalpur.

(ii) For direction to the respondent concerned to process the application from already submitted by the petitioner in proper format on 27.10.2007 which has been duly forwarded by the Respondent No.5 on 20.09.2008

(iii) For direction to the respondent concerned to consider and dispose off the representation filed by the petitioner dated 31.10.2013 (Annexure-6) which is pend till date for consideration.

3. Learned counsel appearing on behalf of the petitioner submitted that husband of the petitioner had died in harness on 08.03.2007 while posted as Assistant Teacher in Middle School, Mojahidpur, Bhagalpur. The petitioner applied for compassionate appointment on 19.03.2007 and thereafter , she represented the authority concerned from time to time. Lastly on 11.07.2018, she filed a representation before the District Education Officer, Bhagalpur. The ground for not considering the case of the petitioner is that she is the second wife of the deceased and the first wife is still alive and she is employed as a Urdu Teacher in a primary school. The governing policy for compassionate appointment is contained in Memo No.937 dated 23.06.2005, issued by the then Department of Personnel and Administrative Reforms, Government of Bihar. It is the case of the petitioner that the entitlement of Muslim second wife for compassionate appointment is no more res integra and in this regard, the petitioner relies upon a judgment of a co-ordinate Bench of this Court in case of Abshar Ahmad Vs. Bihar State Electricity Board and Ors. reported in 2005 (2) PLJR 467, wherein in paragraph no 6, the court has observed as follows:-

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