IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4767 of 2010. Decided on: April 28, 2011. Ramesh Kumar Vrs. State of H.P. & ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner(s): Mr. Sanjay Jaswal, Advocate. For the Respondents: Mr. R.K. Bawa, AG with Mr. J.K.Verma, Dy. AG, for respondents No. 1 to 3. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner was appointed as part time Water Carrier in the year 1997. Admittedly, the petitioner was made whole time contingent employee only in the year 2009. According to the petitioner, being a part time employee appointed prior to 10.5.2001, he should be continued in service till he attains the age of 60 years. But the amendment introduced to the Fundamental Rules w.e.f. 10.5.2001, has made it clear that Class-IV government servants appointed on or after 10.5.2001 shall be entitled to continue in service till 58 years only. The petitioner was brought under Class-IV only after 10.5.2001. Therefore, he is to retire from service on attaining the age of 58 years. It is seen that owing to inadvertent mistake in understanding the legal impact of the Rules, the petitioner has been permitted to continue in service for about 1 year and 3 months after attaining the age of 58 years. In order to avoid any future litigation, it is made clear that the benefits already granted to the petitioner shall not be recovered, however, for all other service benefits, the service shall be reckoned as 58 years only. (Justice Kurian Joseph), Chief Justice. April 28, 2011. ( Justice V.K.Ahuja ), (karan/vs) Judge.