L. Narasimha Reddy, J.

1. The husband of the petitioner (for short employee) was initially engaged on daily wage basis with effect from 28-2-1983 in the Energy Department of the Government of Bihar, and he was treated as one on work charge establishment, with effect from 2-5-1988. It is claimed that the employee was taken in regular establishment through order 17-8-1994. He died on 3-5-2012 while in service. The petitioner submitted a representation for sanction of family pension to her. Since no order was passed thereon, she filed the present writ petition. She contends that her husband worked for more than about 30 years in the Department in various capacities and that she is entitled to be paid his family pension and gratuity. On behalf of the respondents a detailed counter-affidavit is filed. They denied the plea of the petitioner that the service of the employee was regularized. It is also pleaded that the person engaged under work charge establishment would be liable to be discontinued with the completion of the work, and there hardly exists any continuity or permanency of employment in such cases. Reliance is placed on certain provisions of the P.W.D. Code.

2. Learne