IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 8618 of 2010 Decided on: December 31, 2010. Shambhu Ram Sharma ….Petitioner Versus State of H.P. & ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner: Mr. Mohit Thakur, Advocate. For the Respondents: Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. A.G. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- “a) To issue writ in the nature of Mandamus directing the respondents to re-engage the Petitioner on the post of Chowkidar at HPPWD Sub Division Dhaneta District Hamirpur till the Petitioner completes the age of 60 years. b) To issue writ in the nature of Certiorari for quashing the retirement orders whereby the Petitioner has been made to retire at the age o 58 years. c) To issue further writ in the nature of Mandamus directing the respondents to release all financial benefits including pay, seniority, gratuity etc for the period when the petitioner was arbitrarily made to retire in violation of the rules till the completion of 60 years of age of the Petitioner.” 2. In case the petitioner has been either conferred with the work- charge status or regularization prior to 10.5.2001, the petitioner will be entitled to continue up to the age of 60 years. It is not clear from the pleadings as to the date of regularization. There will be a direction to the second respondent to examine whether the petitioner could have been conferred with work charge status or regularization prior to 10.5.2001 and if it is so, the petitioner will be re-engaged forthwith to be continued up to the age 60 years. However, in that event, the petitioner will not be entitled for any monetary benefits for the period of original superannuation at the age of 58 years and re-engagement. Needful action shall be taken within a period of one month from the date of production of the copy of this judgment and the writ petition, by the petitioner before the second respondent. 2 3. The Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. December 31, 2010. ( Justice V.K. Sharma ), (karan/vs) Judge.