Himachal Pradesh High Court
Pushpa Devi vs State Of Himachal Pradesh And Others on 8 August, 2024
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.8012 of 2024
.
Date of Decision : 08.08.2024
Pushpa Devi ...... Petitioner
Versus
State of Himachal Pradesh and others ......Respondents
Coram:
The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1
For the petitioner : Mr. Arun Kaushal, Advocate.
For the respondents : Mr. Raj Kumar Negi, Additional Advocate General.
Bipin Chander Negi, Judge (oral)
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General,
appears and waives service of notice on behalf of the respondents.
2. By way of this writ petition, the petitioner has prayed for the
following relief:-
"a) That the impugned portion of the notification dated 21-
02-2018 contained as Annexure P-1/Annexure P-1/T
qua to the cut of date i.e. 10-05-2001 may kindly be
deleted.
b) That the respondents may kindly be directed to
reinstate the services of the petitioner as she was
retired on 30th June, 2023 and permit her in service till
Whether reporters of Local Papers may be allowed to see the judgment? Yes
the age of 60 years alongwith all consequential benefits
as admissible to her."
.
3. The State vide Notification dated 21.02.2018 had
made a distinction between Class-IV employees engaged prior to
10.05.2001 and those engaged after 10.05.2001 for the purpose of
determining the age of their retirement. Those Class IV employees
engaged prior to 10.05.2001 were retired after attaining the age of 60
years and those Class IV employees engaged after 10.05.2001 were
retired after attaining the age of 58 years. The aforesaid notification come
up for consideration before this Court in CWP No. 2274 of 2021 alongwith
connected matters, titled Satya Devi vs. State of H.P. & others
alongwith connected matters, decided on 28.05.2024. Therein the
Notification dated 21.02.2018 was quashed. It was further ordered that all
Class-IV employees (government servants) irrespective of their dates of
appointment would now retire after attaining the age of 60 years. The
relevant extract of the aforesaid judgment is being reproduced here-in-
below:
"118 Therefore, for all the aforesaid reasons we strike down
the words "appointed on part time/daily wage basis prior to
10.5.2001 and regularized on or after 10.5.2001" in the
notification dated 21.02.2018 and declare that all class-IV
Government servants irrespective of their initial date of
engagement or the date of their regularization would retire on
the last day of the month in which they attain the age of their
superannuation of 60 years.
119. All the Writ Petitions are allowed to the extent indicated
above. Such of the petitioners/ Class IV Government
servants who had retired from service prior to attaining age of
superannuation of 60 years, shall be reinstated by the
.
respondents if they have not crossed High Court of H.P.3 the
age of 60 years as on date. Others who will not be able to be
reinstated now on ground that they have already attained the
age of 60 years, shall be paid compensation equal to the
total emoluments which they would have received had they
been in service until they attained the age of 60 years, less
any amount they might have received by way of pension.,
etc. They will also be entitled to consequential retiral benefits.
These shall be paid within 3 months from today. Those who
are continuing in service by virtue of interim orders passed by
this Court shall continue in service till they attain the age of
60 years. No costs".
4. It is stated by the learned counsel on both sides that the
issue involved in this petition is covered by the judgment delivered on
28.05.2024 in CWP No. 2274 of 2021 (Satya Devi vs. State of H.P and
others) and batch of cases.
5. Accordingly, the writ petition is disposed of in terms of the
aforesaid judgment and the respondents are directed to continue the
petitioner in service till she attains the age of 60 years.
Pending miscellaneous application(s), if any, shall also stand
disposed of.
( Bipin Chander Negi)
th
August 8 , 2024 (KS) Judge
