IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1597 of 2010 In (CIVIL WRIT JURISDICTION CASE 3048/2010) 1. Sunil Mishra S/O Late Kedar Mishra R/O Vill.- Chainpur, P.S.- Bangaon, Distt.- Saharsa……………………….Appellant Versus 1. The State Of Bihar through the Principal Secretary, Public Health and Engineering Department, Govt. Of Bihar, Patna 2. The Chief Engineer, Public Health Engineering Division, Bihar 3. The Superintending Engineer, Public Health Engineering Circle, Patna 4. The Executive Engineer, Public Health Engineering Division, Patna East……………………………………….Respondents For the petitioner : Mr. Bijay Kr. Pandey Mr. Mukesh Kr-2 For the State : Mr. Sunil Kumar Mandal, SC-24 Mr. Bipion Kumar, Adv., AC to SC-24 ---------------------------------- 3. 23.12.2011 Heard learned counsel for the appellant and learned counsel for the State. The Writ Court has dismissed appellant’s prayer for compassionate appointment on account of death of his father in a work charge establishment on 4.3.2004. The Writ Court has held that in terms of the policy of the State Government for compassionate appointment only such employees who were appointed on sanctioned post in accordance with law have to be treated as Government servant and on their death compassionate appointment can be offered in terms of the policy. The Writ Court has 2 correctly held that engagement in a Work Charge Establishment can not be equated with regular appointment in accordance with law on a sanctioned post under the Government. The relevant provision of the policy which is Annexure-A to the counter affidavit filed in the writ proceeding, is contained in clause-1 against (Kha). In view of aforesaid, we find no merit in this appeal. It is, accordingly, dismissed. Mkc/ (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)