IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2342 of 2011. Decided on: April, 20, 2011. Savitri Devi versus 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: Mr. Rajiv Rai, Advocate. For the Respondents: Mr. R.K.Bawa, AG, with Mr. Ankush Dass Sood, and Mr. J.K.Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner seeks direction to continue till she attains the age of 60 years. Reliance is placed on Annexure P-5, Circular. The purpose of that Circular is to enable part-time Class-IV employees to continue as such till they attain the age of 60 years. The R & P Rules clearly provide that those who are regularized in service prior to 10.5.2001 alone will be allowed to continue till they attain the age of 60 years. In the case of the petitioner admittedly, regularization is in the year 2008. Therefore, the petitioner is not entitled to continue beyond 58 years. The eligible benefits treating the petitioner as superannuated on attaining the age of 58 years shall be disbursed, if not already disbursed, within a period of four months from the date of production of copy of this judgment along with copy of the writ petition by the petitioner. 2. It is seen that the petitioner was permitted to re-join service and has worked as such for some period. This is apparently owing to an erroneous interpretation of Annexure P-5. Be that as it may. The fact remains the petitioner has worked for the said period. Therefore, we make it clear that for the period the petitioner has actually worked after retirement and the salary already paid shall not be recovered from the petitioner. However, the said period shall not count for any other service benefits. 2 3. The Writ Petition is disposed of so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. April 20, 2011. ( Justice V.K. Ahuja ), (karan/vs) Judge.