Shiv Lal vs State Of Himachal Pradesh
2022 Latest Caselaw 7439 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 5th DAY OF SEPTEMBER, 2022

                              BEFORE




                                                      .
                   HON'BLE MR. JUSTICE A.A. SAYED,





                           CHIEF JUSTICE
                                 &





             HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

                CIVIL WRIT PETITION No.6165 of 2022

       Between:-

       SHIV LAL,


       S/O SH. BHAGWAN DASS,
       R/O VILLAGE REI, TEHSIL KILLAR,

       DISTRICT CHAMBA, HIMACHAL PRADESH,
       AGED 58 YEARS.

                                                      ......PETITIONER
       (BY MR. RAJESH VERMA, ADVOCATE)


       AND

    1. STATE OF H.P. THROUGH




       THE PRINCIPAL SECRETARY
       (ELEMENTARY EDUCATION) WITH
       HEADQUARTERS AT SHIMLA-2, H.P.





    2. THE DIRECTOR OF ELEMENTARY
       EDUCATION WITH HEADQUARTERS





       AT SHIMLA, H.P.
    3. THE DEPUTY DIRECTOR ELEMENTARY
       EDUCATION, CHAMBA, HIMACHAL PRADESH.
    4. THE PRINCIPAL, GOVERNMENT
       SENIOR SECONDARY SCHOOL REI,
       TEHSIL PANGI, DISTRICT CHAMBA,
       HIMACHAL PRADESH.
                                                 ......RESPONDENTS




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         (BY MR. RANJAN 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 petitioner seeking

following relief:

"(i) That the retirement of the petitioner at the age of 58 years may be set aside and the petitioner may be

held to be in service up to the age of 60 years with all benefits incidental thereof, as conferred upon by the judgment rendered by the Hon'ble Full Bench."

2. Learned counsel for the petitioner states that the case

of the petitioner would be covered by the judgment of the Full Bench

of this Court dated in Baldev Versus State of Himachal Pradesh

(Civil Writ Petition No.2711 of 2017 alongwith connected

matters). Learned counsel for the petitioner states that the petitioner

would make a representation to respondent No.2-the Director

Elementary Education, Himachal Pradesh. He states that the

petitioner would be satisfied if directions are issued to decide the

representation in a time-bound manner.

3. In view of the above, we dispose of the writ petition by

permitting the petitioner to make a representation. If such a

representation is made within one week, the same shall be decided

not later than eight weeks from the date of receipt of the

representation.

4. The writ petition to stand disposed of in the above

.

terms, so also the pending miscellaneous application(s), if any.

                                                    (A.A. Sayed)
                                                    Chief Justice





                                               (Jyotsna Rewal Dua)
    September 05, 2022                                  Judge
         R.Atal      r