IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 12608 of 2008 Date of decision: 07.04.2011 ________________________________________________________________ Ram Singh. .....Petitioner. Versus The State of H.P. & another. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: None, though served. For the respondents: Mr. Anil Jaswal, Dy. AG. V.K. Sharma, J. (Oral). None appears for the petitioner despite due notice for today. 2. The petition has been filed on the following prayers vide para 7(i) and (ii) “7(i) The office order contained in Annexure P-1 be quashed and respondents be directed to treat the petitioner in continuous service, but for his wrongful, illegal and unconstitutional retirement made w.e.f. 30-4-2005. (ii) The respondents be further directed not to retire the petitioner before the attains the age of superannuation, i.e. 60 years (30-4-2007), and to pay the wages/salary etc, of the petitioner w.e.f. 1-5-2005, till date.” 3. In reply, the respondents have taken the following stand by way of preliminary submissions: “That the applicant has filed the present O.A. seeking relief to quash and set-aside P-1 i.e. retirement order dated 30/4/05 and he may be retired 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... on superannuation on attaining the age of 60 years i.e. on 30.4.07. In this connection it is respectfully submitted that the applicant was regularized as helper as per latest policy on 10.1.03 and he was class IV employees. The Govt. as per notification No. Fin©(a(3)/98 dated 10/05/01 issued by the Financial Commissioner cum Secretary Fin to govt. of H.P. has amended fundamental rule 56(b) by reducing the age of retirement of workmen from 60 years to 58 years from the date of publication of this notification in the Rajpatra. This notification has been published in Rajpatra on 11.5.01 and effected from 11.5.01. In the present case the applicant was appointed as Class-IV helper on 10.1.03 and he has been retired on 30.4.05 strictly in accordance with the Govt. Notification attaining the age of 58 years being his date of birth 20.4.47 This Hon'ble Tribunal has also dismissed the similar case vide order dated 5-8-01 copy annexed as per annexure R-1, hence the present OA is not maintainable.” 4. In view of the above reply, in case the petitioner still has any surviving grievance with regard to the factual and legal position, he may certainly point out the same before respondents/competent authority by way of appropriate representation alongwith copy of this judgment within one month from today, who shall consider the same and take a final decision in the matter in accordance with law within next three months, after affording an opportunity of being heard to the petitioner, if so desired. 5. The petition stands disposed of in the above terms, so also pending CMP(s), if any. (V.K. Sharma) Judge 7th April, 2011 (virender)