Dinesh Kumar Singh, J. – Heard learned counsels for the petitioner, respondent- State and Accountant General, Bihar.

2. The present writ application has been filed for a direction to the respondents to make payment of pension and other retiral benefits to the petitioner who retired from the post of Caretaker under the Work-charged establishment, Building Division, Patna in the Building Construction Department. The relief as claimed by the petitioner in paragraph 1 of the writ application reads as follows: –

“(i) By way of this writ application petitioner seeks indulgence of this Hon’ble Court for issuance of appropriate writ/order/direction upon the respondents to make payment of following retiral dues/benefits to the petitioner who retired from service with effect from 29.2.2012 while working on the Post of Caretaker (Karya Parveshak) under work charge establishment in the Building construction Department, Building Division, Patna

(a) To make payment of monthly pension

(b) To make payment of gratuity amount

(c) To grant benefit of A.C.P.

(d) To make payment of arrears of pension and gratuity

(ii) For any other appropriate order orders to which the petitioner is found to be entitled to in the facts and circumstances of the case.”

3. It is submitted by learned counsel for the petitioner that the petitioner was appointed on the post of Caretaker vide letter no. 6938 dated 7.12.1981, issued under the signature of the Superintending Engineer, in the Work-Charged establishment of South Bihar Circle, Building Construction Department. The petitioner retired, after serving for about 29 years, on 29.2.2012. During the service period, the petitioner was granted time bound promotion and other increments granted to regular employees and his GPF deductions were also made like a regular government servant. However, the services of the petitioner were not regularized, in spite of the fact that he filed a writ application being CWJC No. 5519 of 2014, which was permitted to be withdrawn vide order dated 22.10.2014, as contained in Annexure 1, with a liberty to approach the competent authority for redressal of grievances. Consequently, the petitioner represented before the Principal Secretary, Building Construction Department vide representation dated 2.12.2014, but till date the representation of the petitioner has not been disposed of.

4. It is further submitted that one Md. Matin, having similar grievance, preferred CWJC No. 24532 of 2003 which was allowed by learned Single Judge vide order dated 15.10.2014. However, the State Government preferred appeal against the said order being LPA No. 1211 of 2015 which was dismissed vide order dated 23.6.2016 by a Division Bench of this Court. Thereafter, necessary direction was issued for payment of pensionary benefits to Md. Matin after absorbing him in regular establishment. Similar orders were passed in several other writ applications for such consideration. Learned counsel further submits that the service of a Government Servant though does not qualify for the pension unless it conforms to three conditions :- first, that his service must be under government, second, his employment must be substantive and permanent and third, the service must be paid by the Government, as provided under Rule 58 of the Bihar Pension Rules, 1950 (hereinafter referred to as the Rules). However, exception has been provided under Rule 59 of the Rules, which stipulates that in case where the third condition, i.e., the service must be paid by the Government, is fulfilled, while the first and second condition (as provided under Rule 58) do not get fulfilled, the Government may direct for counting of such service for the grant of pension and consequently, keeping in view the provision under Rule 59 of the Rules, the Government has taken decision vide Memo No. Pen 1024/69/11779 F, dated 12.8.1969, which reads as follows: –

“Regarding. – Declaration of temporary service of a Government servant who is not confirmed as pensionable.

Und