IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8207 of 2007 DEVANTI DEVI, widow of late Rambali Prasad, resident of village Daudpur, P.S. Daudpur, District Patna … Petitioner Versus 1. THE STATE OF BIHAR, through the Secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2. The chief Engineer (Mechanical), Public Health Engineering Department, Govt. of Bihar, Patna 3. The Superintending Engineer, Public Health Engineering Mechanical Circle, Govt. of Bihar, Patna 4. The Executive Engineer, Public Health Engineering Mechanical Division, Patna West, Patna 5. The Assistant Engineer (Mechanical), P.H.E.D. Patna West Sub-division, Patna 6. The Accountant General, Bihar, Patna … Respondents. ----------- 2. 4.5.2010 No one appears for the petitioner. Counsel for the State is present. From the reading of the prayer of the petitioner it becomes clear that the petitioner has claimed retirement benefit of her husband Rambali Prasad who died in harness on 6.10.2009 while working as a work charge employee. A counter affidavit has been filed wherein it has been stated that no such retirement benefit including monthly pension is available to an employee of the work charge establishment. More so, from an inter-party order dated 2.2.2006 in 2 C.W.J.C.No. 15119/2001 it would also appear that the services of the petitioner were re- changed as a daily wages employee from 1.5.2002. Now it is well settled that a daily wages employee is not a holder of the post in terms of the Bihar Pension Rules and is not entitled for payment of pension and other retirement benefits. That being so, the prayer of the petitioner for payment of retirement benefits in terms of Bihar Pension Rules is wholly misconceived and is accordingly rejected. In the result, this application is devoid of any merit and is dismissed accordingly. (Mihir Kumar Jha,J.) Surendra/