IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.595 of 2008 SHAMBHOO KUMAR, son of late Sushil Prasad, resident of village/ Mohalla Bhaiyaram Tola, West Ajeemganj, P.S. Havelikharagour, District Munger … Petitioner Versus 1. THE STATE OF BIHAR 2. Commissioner cum Secretary, Public Health Engineering Department, Bihar, Patna 3. Chief Engineer (Mechanical), Public Health Engineering, Bihar, Patna 4. Executive Engineer, Public Health Engineering (Divisional), Munger 5. Superintendent Engineer, Public Health Engineering Anchal (Munger) … Respondents ----------- 2. 18.4.2011 Heard counsel for the petitioner and the counsel for the State. Admittedly the father of the petitioner was working at the time of his death in work charge establishment. There is no dispute that the father of the petitioner was never regularized in service by bringing him into regular establishment. Reliance of the counsel for the petitioner on the order dated 28.3.1988 is also misconceived, inasmuch as the said order would go to show that all 18 persons named therein, who were earlier working on daily wages, were brought in the work charge establishment. Such order, therefore, cannot be treated to be regularization of service of the father of the petitioner against the sanctioned post 2 of the department. As is well known the very concept of work charge establishment itself is temporary in nature and the employees working therein do not have the status of a regular employee. One of the requirements of the policy under compassionate appointment is that the deceased employee must be working against the sanctioned post and his appointment must have been made as per prescribed procedure. Thus, under the policy the deceased work charge employee would not be entitled for consideration of his dependent for appointment on compassionate ground. This aspect of the matter has already been considered by the Division Bench of this Court in the case of Dilip Kumar Bhattacharya vs. State of Bihar & ors., reported in 2004(4) PLJR 889. That being so, this application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/