Madan Lal Garg vs State of Himachal Pradesh and Others

Rajiv Sharma, J.—The Petitioner was appointed as National Discipline Scheme Instructor (NDSI) by the Directorate of National Discipline Scheme on 19.9.1960. The administrative control of National Discipline Scheme Instructors was taken over by the Government of Himachal Pradesh with effect from 1.6.1973. The Petitioner was absorbed in the State''s services in the pay scale of Rs. 170-350 vide office order dated 7.6.1975. He was

2 confirmed in the State''s services. Once the Petitioner has become the employee of the State Government, his conditions of service were to be regulated by the State Government. The retirement age for the State employees is 58 years. In these circumstances, he could not be permitted to work beyond 58 years. Consequently, the Petitioner has worked unauthorizedly after attaining the age of 58 years and it is a case of unjust enrichment. The State Government has not adopted the amendment carried out in FR 56 whereby the age of retirement of the employees of the Government of India has been increased to 60 years. In these circumstances, it is open to the state Government to recover the amount of the salary and other monetary benefits paid to the Petitioner after attaining the age of 58 years.

In view of the observations made hereinabove, the petition is dismissed being devoid of merit. No costs.