CWP 3832 of 2010. 4.1.2011 Present: Mr. Ramakant Sharma, counsel for the petitioner. Mr. Vikas Rathore, Dy. AG, for the respondents. Petitioner was engaged as mason in the year 1989. He was conferred the status of work charge employee in 2003, as Beldar, instead of mason. He approached the erstwhile H.P. State Administrative Tribunal, seeking work charge status as mason. On abolition of the said Tribunal, matter came to this Court and this Court, vide order dated 15.3.2010, directed that the petitioner be given work charge status as mason, from 2000. While implementing the aforesaid order, Annexure P-2, vide office order, Annexure P-3, respondent No. 2, Superintending Engineer, directed that the salary drawn by the petitioner, as Beldar, from 1.6.2009, till the date of order, Annexure P-3, i.e. 3.6.2010, shall be adjusted from the dues / arrears of pay of the petitioner, because as mason, he would have superannuated on 31.5.2009. Petitioner has filed the present petition, seeking quashing of the aforesaid direction. Also, he has prayed for issuance of a direction to the respondents to pay the arrears of salary, on account of re-fixation of pay, money due on account of leave encashment, GPF money, and the amount of Gratuity. -2- In the reply, it is stated that mason is a Class III employee, whose age of retirement is 58 years, while chowkidar is Class IV employee and in his case, age of retirement is 60 years and since the petitioner has been conferred the status of work charge employee of mason, pursuant to the direction, contained in Annexure P-2, order of this Court, he could not have continued in service, beyond the age of 58 years and, therefore, salary drawn by him, on completion of 58 years age, is required to be adjusted against the arrears/ money due to him. As regards the other dues, it is stated that arrear, on account of re-fixation, has already been paid and money, on account of leave encashment, also stands disbursed to the petitioner. With regard to Gratuity and GPF, it has been stated that the matter has been referred to the Accountant General. I have heard the learned counsel for the parties and gone through the record. Since the petitioner worked as Beldar, not on account of his volition, but on account of erratic order of conferment of work charge status, passed by the respondents themselves, which order was quashed by this Court, vide Annexure P-2, he, on account of his actually -3- having worked as Beldar, beyond the age of 58 years, is entitled to salary/ wages as beldar. Therefore, the order Annexure P-3, to the extent, it directs that the wages/ salary, drawn by the petitioner beyond 31.5.2009, as chowkidar, are to be adjusted against the money due/ arrears of pay, is quashed. As regards the GPF and Gratuity, it is directed that the payment shall be released to the petitioner within one month, from the date of clearance by the Accountant General. Writ petition is disposed of accordingly. January 4, 2011(PC). (Surjit Singh), J.