- (1.) PETITIONER is widow of Late Jayant Kumar Mandai, who was serving as a Headmaster, Primary School, Gilanari, Anchal Mirzachoki, District Sahibganj and died in harness on 27th September, 1998. It is admitted case of the parties that the deceased employee had three legal heirs, namely, the petitioner as widow; respondent No.6, daughter from first marriage and another daughter, namely, Daya Kumari from petitioner (second wife). None of the legal heirs have received retiral benefits of the deceased -employee including family pension.
(2.) RESPONDENT No.6 has filed a title suit in the Court of Sub -Judge -I, Sahibganj which came to be registered as Title Suit No. 12 of 2000, claiming her share of the retiral benefits as also compassionate appointment. The suit is still pending. In the present petition also, petitioner, widow of the deceased -employee is claiming her right to compassionate appointment to the exclusion of respondent No. 6 and share of the retiral benefits. In so far the question of right to retiral/pensionary benefits is concerned eligible legal representatives of the deceased employee are entitled to the benefits under rules. Since both the daughters are unmarried and they are eligible alongwith the petitioner to share the retiral benefits including family pension.
(3.) AS far the question of compassionate appointment is concerned under the norms of compassionate appointment laid down by the State Government it can be given to the widow, son, unmarried daughter and widow daughter -in -law. The scheme also provides the order in which the preference is required to be given to the legal representatives in the matter of compassionate appointment. It is not in dispute that the widow has preferential right over the son and unmarried daughter to secure the compassionate appointment. However, this right is subject to eligibility under rules. It cannot be lost sight of that If the widow is given appointment, she is bound to maintain the unmarried daughters till their marriage or till any of them acquire an independent source of income.;