1. The petitioner-appellant has filed this appeal against an order of 27 August 2002 on CWJC No. 9117 of 2000 : Most. Kanti Devi and others V/s. The State of Bihar and others. Most. Kanti Devi is the widow of government servant, a Chowkidar one Shridhar Pandey. He filed a writ petition but during its pendency he died. Thus his heirs were substituted. Most. Kanti Devi is the widow and the others are the children.

2. The admitted facts are that the petitioner retired on 31 January 1997 after completing the age of 58 years. His position was that of a Chowkidar in the Building Construction Division, South Bihar Circle, Patna Division of the Public Works Department.

3. Counter affidavits which have been exchanged are on record of the writ petition. Particularly, one which has been filed by the Executive Engineer accepts in paragraphs 16 & 17 that notwithstanding the fact that the petitioner Sridhar Pandey had retired on 31 January 1997, he yet continue to work until February 1998.

4. Rightly or wrongly, the petitioner Sridhar Pandey was permitted to work and draw his salary. The period of which he worked he will be entitled to the emoluments. If he was given work as a result of