This Appeal under Clause 10 of the Letters Patent has been preferred by the respondent-State Government against the order dated 10th February 2010 made by the learned single Judge in C.W.J.C. No. 7228 of 2005.

2. The respondent-writ petitioner approached this Court under Article 226 of the Constitution in above C.W.J.C. No. 7228 of 2005 for redressal of his grievance in respect of the amount of pension sanctioned.

3. It appears that the petitioner joined the service under the Executive Engineer, Tubewell Division, Gaya, the appellant no. 2, in April 1973 as daily wage Choukidar. While he was discharging duty as daily wage Choukidar, with effect from 1st January 1979 he was absorbed as driver in the Work Charge Establishment. He served as driver in the Work Charge Establishment till he attained the age of 58 years, the age of superannuation. On reaching the age of superannuation, he retired from service in July 2002. Since his retirement, he has been allowed pension on the basis of his service from January 1979 to July 2002 i.e. for more than 23 years. The petitioner, however, claimed that his earlier service on daily wage from April 1973 to December 1978 was also a pensionabl