Devi Prasad Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Since the controversy involves a very short question, I proceed to decide the writ petition finally at admission stage.
(3.) Petitioners father was a permanent Beldar who expired during the course of his service on 25.1.1992. After the death of his father, petitioner applied for appointment on compassionate ground. Application moved by the petitioner was considered by the competent authority and at later stage he was appointed on compassionate ground. The grievance of the petitioner is that in spite of appointing the petitioner as regular employee, he was appointed as daily wager. It is settled law that appointment of dependent of regular employee on compassionate ground should be done against the regular vacancy and in case regular vacancy is not available supernumerary post should be created for appointment on compassionate ground. In the present case the petitioner has been appointed as daily wager by the authorities, which at the face of record seems to be not sustainable under law.;