IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6886 of 2007 Kamlesh Ram, son of late Ramashray Ram, resident of Village Bicchedi, P.O. Arap, P.S. Naubatpur, Distt. Patna. --------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Rural Engineering Organization, Rural Development Department, Government of Bihar, Patna. 3. The Chief Engineer Rural Engineering Organization, Patna. 4. The Superintending Engineer Rural Engineering Organization, Works Circle, Sasaram. 5. The Executive Engineer R.E.O., Shahabad, Works Division, Arrah. 6. The Assistant Engineer, R.E.O., Arrah Sadar. --------- Respondents ----------- 2 4.4.2011 No one appears on behalf of the petitioner. From perusal of the record of this case, it would appear that the claim of the petitioner for his appointment on compassionate ground was based on his father dying in harness while holding the Work- charge post of Chaukidar in the Rural Engineering Organization Department. Counsel for the State, with the help of the counter affidavit, would explain that such claim of the petitioner was examined and rejected by noticing that the deceased employee dying in harness, the father of the petitioner, was Work-charge employee and was not covered by the scheme of compassionate appointment. 2 The fact with regard to the service history of the father of the petitioner and that of his dying in harness while continuing to be a work-charge employee has not been controverted by the petitioner even when a copy of the counter affidavit was served on the counsel for the petitioner on 14.5.2009. That being so, when it is admitted fact that the father of the petitioner was a work-charge employee, it must be held that the petitioner was not eligible for being appointed on compassionate ground as per the Government policy dated 5.10.1991. In fact, this aspect of the matter stands settled also by a Division Bench judgment of this Court in the case of Dilip Kumar Bhattacharya Vs. State of Bihar & Ors. reported in 2004(4) PLJR 889. This application is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)