IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1460 of 2011. Decided on: 22nd March, 2011. Sharda Devi ….. Petitioner. Versus State of H.P. & Ors. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Ms. Sheetal Kimta, Advocate. For the respondents : Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J.K. Verma, Dy.A.G. for the respondents. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner seeks continuance up to the age of 60 years. Admittedly, the petitioner was regularized in service only in the year 2005. In the case of those, who were regularized in service on or after 10.5.2001, they can continue only up to 58 years of age. That is the position in the R& P Rules. Learned counsel for the petitioner places reliance on the decision of this Court in Annexure P-6, Lachhi Ram vs. State of H.P. & Ors., which was followed in Annexure P-7, Dharam Singh vs. State of H.P. & Ors., by the learned Single Judge. In Lachhi Ram (supra), it was not brought to the notice of this Court that the R&P Rules provided for the cut off date as 10.5.2001 and that in case of those, who were regularized in service prior to 10.5.2001 alone, they will be entitled 2 to continue up to the age of 60 years. Therefore, Lachhi Ram vs. State of H.P. & Ors., is a judgment rendered per incuriam and sub silentio and hence, does not have any precedential value. In this context, we may also record the submissions of the learned Deputy Advocate General that the review petition has already been filed in Lachhi Ram vs. State of H.P. & Ors., and that Annexure P-7 judgment in Dharam Singh vs. State of H.P. & Ors., is also being appealed. In that view of the matter, there is no merit in the petition and the same is accordingly dismissed, so also the pending application, if any. (Justice Kurian Joseph), Chief Justice 22nd March, 2011 ( Justice Sanjay Karol ), (rana/pankaj) Judge.