ORDER : Anjana Mishra, J. Heard learned counsel for the petitioner and the State. 2. The petitioner herein has prayed for grant of pensionary benefits and seeks a declaration to hold that the service of the petitioner in the Work Charge Establishment was in fact pensionable in the light of Rule 59 of the Bihar Pension Rules and the circular of the State Government vide FD Memo No. 1344 dated 04.02.1949. 3. The factual matrix of the case is that the petitioner was functioning as a work charge Chowkidar in the regular pay since the year 1981 and had superannuated after functioning on the said post continuously for a period of 31 years. 4. The contention of the petitioner is that the respondents have deprived him of the benefit of pension despite the petitioner being entitled to receive the same in view of the Government of Bihar Notification dated 26.04.1950 which treated the petitioner as a member of the permanent establishment having worked for a period of 31 years. It is submitted on behalf of the petitioner that he was appointed as work charge Chowkidar by the respondent No. 3, the Executive Engineer, Building Division, Purnea vide Memo No. 2516 dated 28.12.1981 and after joining on the same post he continued to work till 31.01.2013 in the office of the Building Sub Divisional Office, Building Construction Department, Purnea. 5. Learned counsel for the petitioner further submits that during the aforementioned period, the petitioner was transferred from one office to another and his service book was opened and statutory deductions were made from the salary of the petitioner towards the provident fund. In view of the deductions made, GPF payments were also tendered to him on the eve of his retirement but the pensionary benefits have not been paid to him even though he has completed more than 31 years of continuous service with an absolutely unblemished service record. 6. A counter affidavit has been filed by the respondent State of Bihar stating that the petitioner is not entitled to receive pension in view of the fact that the petitioner was appointed on 28.12.1981 as work charge Chowkidar and continued to function on a purely adhoc post till 31.01.2013. 6. A counter affidavit has been filed by the respondent State of Bihar stating that the petitioner is not entitled to receive pension in view of the fact that the petitioner was appointed on 28.12.1981 as work charge Chowkidar and continued to function on a purely adhoc post till 31.01.2013. It has been further stated in the counter affidavit, that the petitioner's service was terminable at any time as he was functioning as Work Charge Establishment and it is a misconception on the part of the petitioner to think that his service was pensionable under Rule 59 of the Bihar Pension Rules. The appointment of the petitioner being purely adhoc, could not attract the benefits of Rule 59 of the Bihar Pension Rules and that FD Memo No. 1344 also does not apply to him, being a member of the Work Charge Establishment. 7. Learned counsel for the petitioner has drawn my attention to a judgment of this Hon'ble Court in the matter of Koshi Project Worker's Association v. State of Bihar reported in 2007 (1) PLJR 358 in which a Division Bench of this Hon'ble Court has considered the matter of an employee functioning in a Work Charge Establishment and has also stated that an employee working in the work charge establishment for a period of more than one year is deemed to have become a member of the permanent establishment of the State Government. The Bench deciding the issue, has further held that the revised service condition of the Work Charge Establishment would be governed by the notification dated 26.04.1950 as it has not yet been cancelled or repealed by any enactment made by the Legislature of the State. The said judgment reads as under : "10. in view of the said notification published on 26th April, 1950 the revised condition service of work-charge establishment as decided by the Government on 4th February, 1949 became legislative service rules pertaining to the employees of the work-charge establishment of the government. As a result of such decision of the Government which has not yet been cancelled or repealed by any enactment made by the Legislature of the State. An employee working in the work-charge establishment for a period of more than one year is deemed to have became a member of the permanent establishment of the State Government." 8. As a result of such decision of the Government which has not yet been cancelled or repealed by any enactment made by the Legislature of the State. An employee working in the work-charge establishment for a period of more than one year is deemed to have became a member of the permanent establishment of the State Government." 8. Learned counsel for the petitioner has further annexed the order passed by a Bench of this Hon'ble Court in which the aforementioned judgment has been referred to in the case of Most. Maroon Khatoon v. The State of Bihar & Ors in C.W.J.C. No. 1880 of 2007 (Annexure 4). In the said order the Bench of this Hon'ble Court has squarely relied on the ratio adopted by the Division Bench and directed for payments in the case of the said petitioner stating that the difference between a Work Charge Establishment and a permanent establishment and the right of an employee working therein has been clearly enunciated in circular dated 04.02.1949 of the State Government which also finds mentioned in the P.W.D. Code and provides that a post of the Work Charge Establishment which is of permanent nature i.e. required for 12 months in a year and for a longer indefinite period, will be made permanent and included in the permanent establishment. 9. Referring to paragraphs 8, 9 and 10 of the judgment of Division Bench referred to above in the said judgment, it has been clearly laid down that the services of the persons appointed to public services have been explained in a Government of Bihar gazette notification dated 26.04.1950 in which the State has notified its decision dated 15.04.1950 to incorporate the following, as a rule made under proviso to Article 309 of the Constitution of India :- "all the enactments, rules and orders, whether made under any enactment or otherwise, which regulated the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs which are now the affairs of the State of Bihar and which were in force immediately before the 26th January, 1950, shall until provision is made by or under an act of the State Legislature, to regulate such recruitment and conditions of service, be in force as if they had been made by virtue of the power under the said proviso". 10. 10. Taking note of the provisions, this Court is also of the opinion that the petitioner having rendered a continuous service of 31 years in Work Charge Establishment would also qualify for pension as envisaged under Rule 58 of the Bihar Pension Rules and accordingly, a direction is issued to the concerned authority namely, respondent No. 3, to take final decision regarding payment of pension to the petitioner within a period of three months from today. The concerned authorities will also calculate pension and other post retrial benefits as admissible to a permanent employee of a pensionable establishment and after re-fixation and calculation, make necessary payments after obtaining sanction from the Accountant General within the aforementioned period. 11. In view of the aforementioned submissions and directions and in the interest of justice, this writ application is allowed.