IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 14465 of 2008. Decided on: March 30, 2010 Om Parkash ….. Petitioner. Versus The State of Himachal Pradesh and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner : Mr.Ranjan Sharma, Advocate. For the Respondents: Mr. R.K. Bawa, Advocate General with Mr. J.K. Verma, Dy. Advocate General. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner approached the Tribunal aggrieved by the withholding of his gratuity. Apparently, the same was withheld on account of the fact that the petitioner has worked beyond the age of superannuation i.e. 58 years. Apparently, there was some dispute with regard to the date of birth. Be that as it may, the fact remains that the respondents are benefited by the service of the petitioner beyond the age of 58 years. Therefore, it will be highly unfair if not unreasonable if the actual wages are not paid to the petitioner for the service rendered beyond the age of 58 years. It is made clear that for the purpose of all benefits including pension and other service benefits, service shall be reckoned 2 only up to the age of 58 years. In case the gratuity was withheld only on account of the above fact, the gratuity shall be disbursed to the petitioner within a period of one month from the date of production of a copy of this judgment. The Writ Petition is disposed of. (Justice Kurian Joseph), Chief Justice March 30, 2010 (Justice R.B. Misra), (rks) Judge.