TIKKAM RAM S/O SH. HET RAM, RESIDENT OF VILLAGE ROHALO, P.O. BANJAR, TEHSIL BANJAR, DISTRICT KULLU, H.P. Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY (FORESTS), TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-171 002,

JUDGEMENT

(1.) PETITIONER was engaged on daily wage basis as Mali on 01.01.1990. He was conferred with work charge status on 01.01.2000. He was regularized on 9.04.2003. He had to superannuate on 30.06.2011 after attaining the age of 58 years. However, he was permitted to work up to 15.12.2011.

(2.) THE respondent -department has issued an order dated 15.12.2011, whereby the recovery has been directed to be made for the over payment from 01.07.2011 to 15.12.2011. The cut off date to determine whether a Class -IV employee is entitled to continue beyond the age of 58 years is 10.05.2011. In the instant case, the petitioner has been regularized only after this cut off date, i.e., 09.04.2003. Consequently, he had to superannuate after attaining the age of 58 years on 30.06.2011. However, it is made clear in the interest of justice, the recoveries shall No. t be made for the over payment made to the petitioner w.e.f. 01.07.2011 to 15.12.2011 and the pensionary/retiral benefits of the petitioner will be calculated on the basis of last drawn salary for the month of June, 2011.