IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15369 of 2006 NAWAL KISHORE PRASAD Versus THE STATE OF BIHAR & ORS For the petitioner: Mr.Sujeet Kumar Sinha,Advocate. For the Respondents: 3 18.5.2011 The grievance of the petitioner is that the period of five years of service of the petitioner has not been counted for the purpose of pension from the service rendered by him as work charge employee. In paragraph 4 of the counter affidavit it has been admitted by the respondent State that the petitioner was appointed as work charge basis and had worked and was also transferred to one place to another and he applied for appointment on the post on which he has retired on which he was reemployed after the resignation from the service of Irrigation Department of work charge basis which is evident from Annexure-3 to the writ petition which is a certificate issued by the Superintending Engineer. The work charge. The work charge employee draws wages from the Government and is a Government servant, as defined under section 21 of Indian Penal Code, and his five years service is to be counted in view of Rule 101 (b) of Bihar Pension Rules. Thus, the writ petition is allowed. The respondents are directed to count five years service of the petitioner which he rendered as work charge employee in the Irrigation Department for the purpose of calculation of his pension 2 in the service on the post from which he has retired. AnilKrSinha ( Prakash Chandra Verma, J.)