Kartar Singh vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioner is aggrieved since he is going to retire on 30th April, 2011. According to the Petitioner, as per Annexure P-3, Notification, he is entitled to continue till he attains the age of 60 years. Admittedly, the Petitioner started his career as daily wager in 1993. He will be entitled to claim work charge status and has rightly been granted only in the year 2003. The persons appointed in service before 10.5.2001 alone will be entitled to continue up to the age of 60 years and those who are appointed in service as Class-IV after 10.5.2001, will have to retire at the age of 58 years. In the case of the Petitioner having been appointed as Class-IV after 10.5.2001, necessarily he will have to retire at the age of 58 years. Reliance placed on Annexure P-3, will not be of any help to the Petitioner since the purpose of Notification, Annexure P-3 is for determining the age of dis-engagement of daily wagers. The Petitioner is not a daily wager and he is regular employee. Therefore, there is no merit in the writ petition and the same is dismissed, so also the pending applications, if any.