IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP.NO.10803 of 2007 DATE OF ORDER: 3.3.2008 Jai Parkash ....Petitioner(s) Versus State of Haryana and Another .....Respondent(s) CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Amrit Paul, Advocate, for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana, for the respondents. JASBIR SINGH,J (ORAL) When notice of motion was issued on 20.7.2007, following contention of counsel for the petitioner was noticed by this Court: “The petitioner is aggrieved by the order Annexure P.7 dated 24.5.2007 issued by respondent No.2 by which he is sought to be retired with effect from 31.7.2007 at the age of 58 years. Counsel for the petitioner submits that the petitioner was working as a Sanitary Inspector in the Medical College, Rohtak, prior to its take over by the Maharshi Dayanand University, Rohtak, on 1.7.1976 and he remained in the service of the University till it was taken over vide Identure dated 29.11.1978 (Annexure P.1). It is submitted that as per para 7 of the Identure the State Government had taken over the entire staff of the Medical College including the staff recruited by the University exclusively for the affairs of the Medical College and its other institutions. It is contended that vide policy of the State Government Annexure P.2, it was clarified that the age of retirement of the employees mentioned as (i) Employees (both teaching and non-teaching) taken over by the Government and (ii) Employees (both teaching and non-teaching) recruited by the M.D.U after taking over the CWP.NO.10803 of 2007 #2# Medical College, Rohtak, till its control was again taken over by the Government would be 60 years whereas the petitioner is being retired at the age of 58 years. Learned counsel further submits that in the case of one Karan Singh who was working as a Laboratory Technician at Pt B.D Sharma, PGIMS, Rohtak (new name of former Medical College, Rohtak) the retirement age has been mentioned as 60 years. On the basis of the above, it is contended that the petitioner cannot be retired at the age of 58 years.” Shri Rathee, Sr. DAG, Haryana, has put on record copy of order dated 28.1.2008. Relevant contents of the order reads thus: “In terms of Govt memo No.1/104/95-3HB-IV dated 22.1.2008 Sh. Jai Parkash, Pharmacist will retire from Govt service on 31.7.2009 on attaining the superannuation age of 60 years. As such, the office order issued vide this office Endst No.2ME- II/07/4381-83 dated 26.7.2007 are hereby withdrawn. These orders may also be considered as extension in his service beyond the age of 58 years to 60 years i.e upto 31.7.2009.” We feel that in view of the order, this writ petition has become infructuous and is disposed of accordingly. ( JASBIR SINGH ) JUDGE March 03, 2008 ( JASWANT SINGH ) manoj JUDGE