MUKESH KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in this batch of writ petitions relates to appointment on compassionate ground. The persons concerned on whose death the petitioners seek compassionate appointment were initially appointed in work charged establishments. The State Government has taken a decision vide circular no. 5545 dated 27.12.2002 of the Water Resources Department superseding the earlier circular dated 17.2.95 not to extend the benefit of compassionate appointment to the dependents of employees of the work charged establishments except those who were appointed after following due procedure on sanctioned posts.

(2.) IT is not in dispute that the persons in whose place the petitioners seek appointment were employed in work charged establishments of the State Government. It may straightaway be stated that the establishment known as "Work Charged Establishment" is not a term of art. It is a kind of establishment in the Bihar P.W.D. Code. The Code provides for different types of establishments in the works Departments in all its branches including Roads, Building, Irrigation, Electricity and Public Health Engineering Departments. It also provides for mode of recruitment. There are provisions, amongst others, for temporary establishments and work charged establishments. The relevant provisions with respect to work charged establishment are contained in Rules 59 to 62 under Part -Ka of Chapter -I. Under Rule 59 Works establishment includes such establishment as is employed for actual execution, as distinct from general supervision, of a specific work or sub -works of a specific project or subordinate supervision of departmental labour, stores and machinery in connection with such work or sub -work. When employees borne on the temporary establishment are employed on work of this nature, they are said to be "charged to work". Note II appended to the said Rule provides for maximum limit of remuneration payable to the employees of the work charged establishment. Note III provides that posts borne on work -charged establishments which are required throughout the year for maintenance works etc. or tor a long and indefinite period should be made permanent and included in the permanent establishment, with the approval of the Government. Rule 60 empowers the Chief Engineer, Superintending Engineer and Executive Engineer to make appointment up to certain pay limits. Under Rule 61 the cost of establishment is to be shown as a separate sub -head of the project. Section 62 prescribes that the conditions of service of members of work -charged establishment will be same as that of temporary government servant, in the matter of leave, travelling allowance and other allowances etc. except festival holidays which must not exceed 12 days in a year. The other provisions of the P.W.D. Code which may also be noticed are those contained in Rules 241 and 242. Rule 241. contemplates engagement on muster roll for the work done by daily labour. Rule 242 provides that in the muster roll record of the labour employed each day on a work and should be maintained daily.

(3.) IT appears that on 25.5.78 vide resolution no. 5712, the State Government considering the long officiation of the employees in work -charged establishments continuously for years together, took a policy decision to regularise the services of those who had put in 5 years of service prior to 1,4.1977 in accordance with the spirit of Note III appended to Rule 59 referred to above. The employees were thus brought in the regular establishment but along with posts held by them which is evident from the fact that it brought about simultaneous reduction of posts in the work - charged establishment to the extent of the number of posts brought in the regular establishment.