Himachal Pradesh High Court
Between vs State Of Himachal Pradesh And ... on 25 July, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
ON THE 25th DAY OF JULY, 2022
BEFORE
.
HON'BLE MR. JUSTICE A.A. SAYED,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.4307 of 2022
1.
Between:-
SAHAJ RAM, to
S/O SHRI NIKU RAM, 63 YEARS,
R/O VILLAGE SARLI, P.O. JOBRI,
TEHSIL ARKI, DISTRICT SOLAN, H.P.
2. LAYAK RAM,
S/O SHRI DURGA, 62 YEARS,
R/O VILLAGE BRAHMNA, P.O. JOBRI,
TEHSIL ARKI, DISTRICT SOLAN, H.P.
3. NIKU RAM,
S/O SHRI LONGU RAM, 66 YEARS,
R/O VILLAGE BRAHMNA, P.O. JOBRI,
TEHSIL ARKI, DISTRICT SOLAN, H.P.
4. KAILA RAM,
S/O SHRI SOHNU RAM, 61 YEARS,
R/O VILLAGE NANOG, P.O. JOBRI,
TEHSIL ARKI, DISTRICT SOLAN, H.P.
5. ROOP SINGH,
S/O SHRI SUNDER RAM, 62 YEARS,
R/O VILLAGE BAROG, P.O. JOBRI,
TEHSIL ARKI, DISTRICT SOLAN, H.P.
......PETITIONERS
(BY MR. ARSH RATTAN, ADVOCATE
VICE MR. VIRENDER THAKUR,
ADVOCATE)
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AND
1. STATE OF HIMACHAL PRADESH,
THROUGH SECRETARY (PUBLIC WORKS),
TO THE GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
.
2. THE ENGINEER-IN-CHIEF,
H.P. PUBLIC WORKS DEPARTMENT,
NIRMAN BHAWAN, NIGAM VIHAR,
SHIMLA-171002.
3. THE EXECUTIVE ENGINEER,
H.P.P.W.D. DIVISION, ARKI,
TEHSIL ARKI, DISTRICT SOLAN, H.P.
......RESPONDENTS
(BY MR. ADARSH K. SHARMA,
ADDITIONAL ADVOCATE GENERAL)
This petition coming on for admission this day,
Hon'ble Mr. Justice A.A. Sayed, passed the following:
ORDER
The petition has been filed by the petitioners
seeking the following substantive reliefs:-
"(i) That impugned action of the respondents of
retiring the petitioners from service on
attaining the age of superannuation, i.e. 58
years, may very kindly be quashed and set
aside.
(ii) That the respondents may very kindly be
directed to treat the petitioners to be in service
upto the age of 60 years with all consequential
benefits of arrears of pay, gratuity, leave
encashment and pension etc. and to pay arrears
thereof alongwith interest @9% per annum till
actual realization."
.
2. Learned counsel appearing for the petitioners
states that the petitioners would be content, if they are
permitted to make representation(s) and directions are issued
to decide the representation(s) in a time bound manner in light
of the common judgment dated 22.02.2022 passed by the Full
Bench of this Court in CWP No.2711 of 2017 (Baldev Versus
State of Himachal Pradesh and others alongwith
connected matter).
3. In the circumstances, we accede to the request of
learned counsel for the petitioners and accordingly permit the
petitioners to make representation(s) to respondent No.2-The
Engineer-in-Chief, H.P. Public Works Department, Himachal
Pradesh. If such representation(s) is/are made within a period
of one week from today, the same shall be decided in light of
the aforesaid judgment dated 22.02.2022 expeditiously and in
any event within eight weeks from the date of receipt of the
representation(s).
4. The petition to stand disposed of in the aforesaid
terms, so also pending miscellaneous application(s), if any.
.
(A.A. Sayed)
Chief Justice
(Jyotsna Rewal Dua)
July 25, 2022 Judge
(Bhardwaj)
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