IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15158 of 2006 BIBI KHURSHIDA KHATOON wife of Late Mokarim Hassan, resident of village- Bhatauni, Police Station- Simri Bakhtiarpur, District- Saharsa…. Petitioner. Versus 1. THE STATE OF BIHAR 2. Engineer-in-Chief, Road Construction-cum-Additional Secretary, Bihar, Patna. 3. The Superintendent Engineer, Road Construction (R.E.O.), Saharsa. 4. Executive Engineer, R. E. O., Simri Bakhtiarpur, Saharsa. 5. The Assistant Engineer, R.E.O., Simri Bakhtiarpur Saharsa. 6. The District Provident Fund Officer, Saharsa. 7. The District Teasury Officer, Saharsa. … Respondents. ----------- 4. 30.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. The prayer of the petitioner in this writ application seeking a direction for her appointment on compassionate ground cannot be allowed by this Court in view of uncontroverted fact that the husband of the petitioner was himself working on daily wages. In this context, from perusal of Annexure-1, an order dated 27.7.1981 it is clear that the husband of the petitioner was engaged as Roller Khalasi on daily wages and he died on 24.4.2001 while continuing as a in the same capacity. Counsel for the petitioner however has placed his reliance on an order granting honorarium of 2 Rs.3000/- for the purpose of establishing that the husband of the petitioner was subsequently taken into work charge establishment against a post of Roller Driver. The difficulty however in that there is no order of appointment of the husband of the petitioner on the post of Roller Driver and the aforesaid order dated 1.11.2002 by itself cannot be a proof of the fact that the husband of the petitioner had become a regular employee so as to be given benefit of compassionate appointment to the petitioner. Counsel for the petitioner has also placed reliance on a Division Bench judgment of this Court dated 1.11.2006 in the case of Koshi Project Worker’s Association vs. State of Bihar, reported in 2007(1) PLJR 358 to contend that an employee working in the work charge establishment for a period of more than one year is deemed to have become a member of permanent establishment of the State Government. The said Division Bench judgment, first of all, cannot be an authority on the aspect of entitlement of appointment on compassionate ground inasmuch as this issue has been directly dealt and decided by the Division Bench 3 of this Court in the case of Dilip Kumar Bhattacharya Vs. State of Bihar and ors. reported in 2004(4) PLJR 889 wherein it has been held that a dependent of work charge employee cannot be appointed on compassionate ground. In that view of the matter, this Court would find it difficult to apply the ratio of the case of Koshi Project Worker’s Association (supra) which does not directly deal with the point in issue in this case. That being so, this writ application is wholly misconceived and is, accordingly, dismissed. kanchan/- ( Mihir Kumar Jha, J.)