IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 4979 of 2008. Decided on: October 25, 2010. Madan Lal Garg …..Petitioner. Versus State of H.P.& Ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner: None. For the Respondents: Mr. R.K.Bawa, AG, with Mr. Ankush Dass Sood, Addl. A.G., for respondents No. 1 & 2. Mr. Sandeep Sharma, ASG, for respondent No.3. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer: “i) In view of the facts and circumstances mentioned in para 6 above, the applicant prays that the age of superannuation of the applicant be declared to be sixty years in terms of the Notification dated 13.5.1998 Annexure A/3, and the applicant be also declared as an employee of the Central Government as per the settlement arrived at between the Government of India and the Government of Himachal Pradesh. The applicant further prays that any other relief to which he may be found entitled under the circumstances narrate above may also please be granted in his favour in the interest of justice.” 2. In the reply, at paragraphs 1, it is stated as follows: “ (1) That the applicant has not approached this Hon’ble Tribunal with clean hands and has concealed the material facts. He has averred that he is Central Govt. employees for all intents and purposes except administrative control of the State Govt. This contention of the applicant is distorted and factually wrong. Infact, NFC Scheme under which the applicant was appointed as NDSI was wound up by the Govt. 2 of India during the year of 1973 and services of all NDSIs and other related staff were transferred to the State Govt. for their absorption in the State services. The services of the applicant were transferred/taken over and he was appointed as such w.e.f. 1.6.1973 on his written consent. Apart from this applicant has been enjoying the State pay scale as admissible since 1.6.1973, i.e. date of his appointment/absorption in the State services. Thus, he has maintained stoic silence of this position in the present O.A. The applicant has not disclosed this material fact before this Hon’ble Tribunal and got stay from this Hon’ble Forum on 13.10.1998 in his favour by pleading that he is Central Govt. employee for all intents and purposes…………………” 3. In case the petitioner has any factual dispute with regard to the position as stated above, it will be open to him to approach the first respondent, in which case, the matter will be duly considered by the first respondent and appropriate action in accordance with law will be taken within another four months. 4. The Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. October 25, 2010. ( Justice Kuldip Singh ), (karan/vs) Judge.