CWP(T) 4174/2008 OA No. 194/1997 10.04.2009 Present: Mr. Vivek Thakur, Additional Advocate General for the respondents. CWP(T) No.4174/2008 The petition was originally filed before the erstwhile H.P. State Administrative Tribunal and admitted on 03.03.1997. The same stood transferred to this Court in view of the provisions of ‘The Himachal Pradesh Administrative Tribunal (Transfer of decided and pending cases and applications) Act, 2008 (No.14 of 2008)’. In the Original Application, the petitioner prayed for release of his arrears of enhanced wages on account of regularization w.e.f. 01.01.1994. The respondents in their reply have stated as under: In this connection, it is respectfully submitted that the applicant who was working as a daily rated Chowkidar and was regularized as work-charged converted into regular Chowkidar w.e.f. 1.1.1994 pursuant to the judgment of the Hon’ble Apex Court delivered in the matter of Mool Raj Upadyaya Versus State of Himachal Pradesh was retired from service on superannuation on 30.9.1995, but he was required to be superannuated on 30.11.1994, his date of birth being 11 Magher 1991 (Vikarmi) and the corresponding date of which according to the English Calendar comes to 25/26.11.1934. It is further submitted that the arrear of enhanced wages on account of regularization of the applicant w.e.f. 1.1.1994 to 31.1.1995, have also been paid to him in the shape of Kisan Vikas Patra of the value of Rs. 14,000/-(Rs. Fourteen thousand only) and a sum of Rs.. 432/- ( Rs. Four hundred thirty two only) has been deposited in his name in the Post Office, Dharampur (Mandi)(Saving Account No. 591961). Therefore, the Original Application is not maintainable and deserve to be dismissed. Since the petitioner’s date of birth, as per English Calendar is 25/26.11.1934, as such, he was to retire on 30th November, 1994, on completion of his 60 years of age. There is no error in the same. The petitioner was a regular employee and he shall be entitled to all consequential benefits in accordance with law. The respondents shall compute and release the same within a period of six months from today. The petition is disposed of as such. (Sanjay Karol) Judge April 10, 2009 *BRB*