IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3107 of 2006 BENGALI PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 3 31.7.2008 Heard learned counsel for the parties. Petitioner was made to retire with effect from 31.12.2005 when he reached the age of 58 years. In the meanwhile the age of retirement of employees of the State Government including the Corporations came to be enhanced to 60 years. Aggrieved by the said action the petitioner filed this present writ application seeking reinstatement back to the job if not quashing of the order in question. During the pendency of the writ application the respondents seem to have seen force in the claim of the petitioner and he was taken back on 12.3.2007 in service and has now gracefully superannuated on 31.12.2007. In view of the above development the petitioner’s partial grievance has been taken care of and his services has not been brought to an end before reaching the age of 60 years. But petitioner has now grievance that the illegal order by virtue of which he was made to retire on 31.12.2005 prevented him from working till he was reinstated on 12.3.2007. He has right to claim salary and wages for this period in question. Petitioner does have right to such salary because the respondents had illegally made him to retire at earlier age even though the age of retirement stood enhanced to 60 years. In the opinion of the Court, therefore, the - 2 - principle of “no work no pay” will not come into play in his case. The respondents will be obliged therefore to work out the liability in terms of the claim of salary and other benefits for the period 31.12.2005 till 12.3.21007 and pay to the petitioner. Since the petitioner has already retired, an early settlement of the dues preferably within four months from the date of communication or production of a copy of this order would be the need of hour. This writ application is allowed with the above direction. RPS (Ajay Kumar Tripathi, J.)