Nirmala Devi vs State Of H.P. & Others
2024 Latest Caselaw 12357 HP

Himachal Pradesh High Court

Nirmala Devi vs State Of H.P. & Others on 27 August, 2024

Author: Vivek Singh Thakur

Bench: Vivek Singh Thakur

                                                                              ( 2024:HHC:7428 )




        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                               CWP No. 8722 of 2024




                                                                         .
                                               Date of decision: 27.8.2024





    Nirmala Devi.                                                  ...Petitioner.
                                        Versus





    State of H.P. & others.                                      ...Respondents.
    Corum
    Hon'ble Mr. Justice Vivek Singh Thakur, Judge.





    Hon'ble Mr. Justice Ranjan Sharma, Judge.
    Whether approved for reporting?1

    For the Petitioner.            Mr.Jai Dev Thakur, Advocate.

    For the Respondents:           Mr.Anup Rattan, Advocate General, with
                                   Mr.Rakesh Dhaulta, Additional Advocate
                                   General.



                  Vivek Singh Thakur, Judge (Oral)

Petitioner has approached this Court seeking following

reliefs:-

"I. That a writ in the nature of Certiorari or any other appropriate writ, order or directions may kindly be issued to struck-down, quash and set

aside the cut-off date, i.e. the date of appointment with regard to the part time/daily wages basis, being 10.05.2001, which has been taken to be the criteria for increase in retirement age from 58 to 60 years, as mentioned in the notification dated 21.02.2018 (Annexure P-3), by holding the same to be arbitrary, artificial, discriminatory, unreasonable, irrational, unfair, unconstitutional and violative of Articles 14, 16 and 21 of the Constitution of India.

II. That a writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued directing the respondents to

Whether the reporters of the local papers may be allowed to see the Judgment? Yes

( 2024:HHC:7428 )

allow the petitioner to continue in service till she attains the age of 60 years with all consequential benefits incidental thereof."

2. Petitioner was engaged as part time Water Carrier in

.

Education Department vide Office Order dated 14.12.2006 and at present

he is serving as Beldar in Horticulture Department, in compliance of order

dated 28.6.2021 issued by Secretary Holticulture, H.P.

3. Admittedly, the issue involved in the averments made in the

petition and prayer made in furtherance thereto, is squarely covered by the

judgment dated 28.5.2024 rendered by the Principal Division Bench of this

Court in CWP No. 2274 of 2021 alongwith connected matters.

3. Therefore, for reasons alike, this Writ Petition is also allowed

and the respondents are directed to continue the petitioner in service till he

attains the age of 60 years.

4. The Writ Petition is accordingly disposed of, so also pending

application(s), if any.

(Vivek Singh Thakur),

Judge.

(Ranjan Sharma), Judge.

27th August, 2024 (Keshav)