R.K.MERATHIA, J. - (1.) HEARD the parties for final disposal.
(2.) PETITIONER has challenged the order dated 13.12.2004, passed by the Deputy Commissioner, Bokaro (Annexure -8) canceling petitioner's appointment. Petitioner's case is that his father late Durga Paswan died in harness on 12.4.2002. Durga Paswan nominated petitioner's mother namely Smt. Sandhya Devi (second wife) for receiving retiral benefits vide Annexure -2. There was a settlement between the petitioner's mother and Radha Devi (first wife) (respondent No. 4) that Radha Devi will receive the retiral benefits and pension and she will have, no objection to appointment of petitioner on compassionate ground. The affidavit to the said effect has been annexed as Annexure -4 series. Thereafter, petitioner was appointed on compassionate ground by order dated 4.8.2003 (Annexure - 5) but on the objection of respondent No. 4, his appointment has been cancelled on the ground that petitioner is son of second wife and the second marriage was illegal, during the lifetime of first wife.
(3.) MR . Ajit Kumar, appearing for the petitioner, relied on a Division Bench Judgment of Patna High Court reported in 1998 (1) PLJR 769 Bharat Coking Coal Ltd. V/s. Ujjwal Kumar Ray.;