IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4107 of 2010 Date of decision: 21.9.2010. Bala Ram ….. Petitioner. Vs. State of H.P. and ors. …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Rajiv Rai, Advocate. For the Respondents : Mr. R.K.Bawa, Advocate General with Mr. Ankush Sood, Addl. AG. And Mr. J.K.Verma, Dy. AG. Justice Kurian Joseph, C.J. (Oral) The petitioner has prayed for following relief in the writ petition:- A. That the Hon’ble Court may kindly be pleased to issue the writ of mandamus whereby the respondent may kindly be directed to not retire the petitioner on 31st July 2010 and further to allow the petitioner to continue till attaining the age of superannuation. 2. On 29th July 2010, we passed the following order:- “We see from Notification dated 22nd February, 2010, copy of which has been placed on record, that all those Class IV employees deployed prior to the introduction of the amendment by Notification dated 10th May, 2001 will be permitted to continue upto the age of 60 years and restriction of 58 years is only in the case of those who were deployed after 10th May, 2001. In the case of the petitioner he was deployed in the year 1989. Therefore, prima facie, we feel that the petitioner may not be - 2 - retied on 31st July, 2010 on attaining the age of 58 years. Hence, there will be a stay of retirement of the petitioner on 31st July, 2010 for a period of one month. However, we make it clear that it will be subject to the result of the writ petition. 2. Reply shall be filed within a month. Post on 30th August, 2010.” 3. In the reply, it has been submitted that government has sought clarification from the Forest Corporation in view of certain discrepancies in the seniority list. Therefore, this writ petition is disposed of making it clear that in case the petitioner is to be retired prior to the completion of 60 years of service, he shall be issued a notice, afforded an opportunity to make representation and also an opportunity of hearing and thereafter a speaking order will be passed. Only on such passing the speaking order, as above, the petitioner shall be retired prior to the age of 60 years Needless to say that interim order will continue till the order, as above, is passed or sixty years whichever is earlier. Copy dasti. (Justice Kurian Joseph), Chief Justice. September 21, 2010. (Justice Kuldip Singh), (Hem) Judge.