IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3319 of 2008 RAM PERVESH SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 10.09.2008 Heard learned counsel for the petitioner and learned counsel for the State. The issue in this writ application is as to what would be the age of retirement of the employees of Bihar Police Building Construction Corporation Limited in light of amendment in Rule 73 of the Service Code and resolution of the Corporation adopted by the Board of Directors to apply service rules to its employees also. By a detail considered opinion rendered in the case of Nitay Chandra Kumar Vs. The State of Bihar which is CWJC No. 15189 of 2005 this Court vide order dated 13.8.2008 categorically held that even employees of the Bihar Police Building Construction Corporation Limited are entitled to enhanced age of retirement which would be 60 years. The reasoning given in the case of Nitay Chandra Kumar is also available to the present writ application. The writ application is allowed with a direction upon the respondents that if the petitioner has not reached the age of 60 years then their joining shall be reaccepted and continued till they reach the age of 60 years. It is also clarified that the time and the period when they were removed till their rejoining will - 2 - not be treated as break in service and it would not be governed by rule of ‘No Work No Pay’ because removal of petitioner was not based on any cogent or legal reason and is not attributable to the petitioner. The writ application stands allowed. Rajeev/ (Ajay Kumar Tripathi, J.)