URMILA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE husband of petitioner the Bachhan Ram was in the services of the State as choukidar in the Work Charge Establishment of Public Health and Engineering Department, P.H. Division at Ramgarh. He died in harness on 1st August 2001. Thereafter, the respondents having not paid the total retiral benefits to the widow and the case of the son having not considered for compassionate appointment, the present writ petition has been preferred.

(2.) AS the respondents took plea that the husband of petitioner was not in the regular establishment, the petitioner has also prayed to command the respondents to regularize and confirm the service of her husband, late Bachhan Ram he having worked for 21 years under the State.

(3.) THE respondent No. 2, Executive Engineer, P.H. Division, Hazaribagh has taken plea that as the petitioners husband was work charge employee under the Executive Engineer, Ramgarh, Executive Engineer is the competent authority to take decision. The Executive Engineer, P.H. Division, Ramgarh (Res. No. 3) while accepted that the petitioners husband was appointed in Work Charged Establishment vide order No. 89 dated 25th April, 1980 referred a letter No. 833 dated 21st July, 1999 issued by Chief Engineer, P.H.E.D. (Annexure A) to suggest that the wards of work charge employee are not entitled for compassionate appointment. 2000 (1) PLJR 493. Therein the Court noticed the Finance Department memo No. 1344 dated 4th February, 1949 and Appointment Departments Notification No. 5555 -31 -27/230 A dated 15th April, 1950 and held that the circular dated 4th February, 1949 is a statutory Rule. The Court further held that the employees of the Work Charged Establishment shall be guided by same conditions of service as of temporary Government servant, was quoted hereunder :