Peon In Govt. Degree College vs State Of Hp And
2022 Latest Caselaw 6402 HP

          IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                       ON THE 26th DAY OF JULY, 2022

                              BEFORE




                                                           .

          THE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
                               &
          THE HON'BLE MR. JUSTICE SANDEEP SHARMA, JUDGE





     CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 2079 of 2020

    Between:





    SMT. TULSA DEVI, WIFE OF SH. SUNDER
    SINGH, RESIDENT OF VILLAGE LALUG, P.O.
    SHILA,   TEHSIL   KAMROU,      DISTRICT
    SIRMOUR, H.P. PRESENTLY SERVING AS

    PEON IN GOVT. DEGREE COLLEGE
    KAFOTA, DISTRICT SIRMOUR, H.P.

                                                        ....PETITIONER

    (MR. A.K. GUPTA, ADVOCATE)


    AND

    1.    STATE OF H.P. THROUGH PRINCIPAL
          SECRETARY     (EDUCATION)      WITH




          HEADQUARTERS AT SHIMLA-2, H.P.





    2.    THE DIRECTOR OF HIGHER EDUCATION
          WITH HEADQUARTERS AT SHIMLA, H.P.

    3.    THE    PRINCIPAL    GOVT.    DEGREE





          COLLEGE KAFOTA, TEHSI        MAROU,
          DISTRICT SIRMOUR, H.P.

    4.    THE PRINCIPAL SECRETARY, EDUCATION
          (PERSONNEL) TO THE GOVT. OF H.P.
          WITH HEADQUARTERS AT SHIMLA-2.
                                                   ....RESPONDENTS

    (MR.   ASHOK   SHARMA,   ADVOCATE
    GENERAL WITH MR. VINOD THAKUR,
    ADDITIONAL ADVOCATE GENERAL)


    ____________________________________________




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                This civil writ petition coming on for orders this day,
    Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the following:




                                                                    .

                                   ORDER

The instant petition has been filed for the grant of

following substantive relief :-

"That the impugned portion of the notification may kindly be set aside and the applicant may be allowed to

continue upto the age of 60 years in service with all the benefits incidental thereof."

2. It is not in dispute that the issue in question has now been

conclusively resolved by the Hon'ble Full Bench in its judgment rendered

in this case CWP No.2711 of 2017 titled as Baldev vs. State of HP and

others along with connected matters on 22.02.2022, wherein while

dealing with the question regarding the age of retirement to be 58 years

or a right of an employee to continue in service upto attainment of age of

60 years, the following principles were laid down:-

"xxxxx (ii) Inconsistency between Bar Chand and Chuni

Lal now stands, no just resolved, but rather dissolved, in view of notification dated 21.02.2018 amending F.R. 56(e), issued by the State, which has now reinforced and

reiterated what was held in Bar Chand's case, i.e. date of regularization of a Class IV daily wager whether prior or after 10.05.2001, will make no difference to the age of his continuing in service. It is the date of engagement, which is the decisive factor. If date of engagement/appointment is prior to 10.05.2001, the Class- IV employee will continue to serve till 60 years of age. In case, it is later than 10.05.2001, then restriction in age upto 58 years will apply.

(iii) There cannot be any discrimination amongst similarly situated Class-IV employees belonging to one homogeneous class. Therefore, the retirement date, of such of those employees, who had been engaged on daily wage basis prior to 10.05.2001, but regularized after 10.05.2001 and have actually been retired prior to the

issuance of notification dated 21.02.2018 at the age of 58 years, shall be deemed to be the date when they otherwise attained the age of 60 years. Since these employees have not actually worked beyond the age of 58

.

years, therefore, they will not be entitled to the actual

monetary benefits of wages/salary etc. for the period of service from the date of their actual retirement till deemed dates of their retirement. However, they will be entitled to notional fixation of their pay for the period in question for

working out their payable pension and payment of consequential arrears of pension accordingly."

3. Accordingly, the instant petition is disposed of with the

direction to the respondents to examine, consider and then decide the

case of the petitioner in light of the aforesaid judgment and in case the

case of the petitioner is found to be covered by the said judgment, then

the same and similar benefits, as directed by the Hon'ble Full Bench, be

extended to the petitioner.

4. Pending miscellaneous application(s), if any, also stands

disposed of.

5. For compliance, to come up on 27.09.2022.

(Tarlok Singh Chauhan) Judge

(Sandeep Sharma) Judge

26th July, 2022 (reena)