IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10863 of 2008 Mohd. Imtiyaz Khan, son of late Mohd. Shakur, Resident of Mohll. Chaudhary Tola, Kahalgaon, Dist. Bhagalpur. -------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Water Resources Department, Bihar, Patna. 3. The Deputy Secretary, Water Resources Development Dept., Bihar, Patna. 4. The D.M., Bhagalpur. 5. The Chief Engineer (Mechanical) Water Resources Dept., Bihar, Patna. 6. The Executive Engineer (Mechanical), Water Resources Dept., Bihar, Patna. ---------- Respondents ----------- 2 27.4.2011 Heard Mr. Subodh Prasad, learned counsel for the petitioner and counsel for the State. Admittedly, the father of the petitioner was working on daily wages and is said to have been brought in the Work Charge Establishment prior to his death in harness. Counsel for the petitioner, therefore, would submit that the petitioner would be entitled for appointment on compassionate ground as the father of the petitioner was continuing to work for a long time and would be deemed to have been regularized in service. Counsel, however, submits that no formal order of such regularization of service of the father of the petitioner was issued either in his life time or even thereafter. Once this position becomes clear that the petitioner’s father was only working either on daily wages or in a Work Charge Establishment, he would not be entitled for appointment on compassionate ground, inasmuch as, the Government circular dated 5.10.1991 itself envisages that the deceased employee must be working against a sanctioned post and his appointment must be 2 made in prescribed manner. Once it becomes an admitted fact that the father of the petitioner was either working on daily wages or in the Work Charge Establishment, there would be no question of his being working against a sanctioned post. In any event, the aspect that the dependant of Work Charge employee will not be eligible for appointment on compassionate ground has been decided by a 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 the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)