S.J. Mukhopadhaya, J.

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. 11 appears that the husband of petitioner was a daily wager in the Biswas Board Division, Hazaribagh of Public Health and Engineering Department. He was appointed as choukidar in the scale of Rs. 155-190 in the Work Charged Establishment vide memo No. 674 dated 25th April, 1980. But before his service was taken in the regular establishment he died.

4. The respondent No. 2, Executive Engineer, P.H. Division, Hazaribagh has taken plea that as the petitio