Himachal Pradesh High Court
____________________________________________________ vs State Of H.P. And Others on 25 July, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 7195 of 2024
Decided on: 25.07.2024
____________________________________________________
Raj Kumar ........... petitioner
.
Versus
State of H.P. and others respondents
____________________________________________________
Coram:
Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting? 1
For the petitioner : Mr. Mohit Thakur, Advocate.
For the respondents : Mr. B.N. Sharma, Additional
Advocate General.
____________________________________________________
Bipin Chander Negi, Judge (oral)
Notice. Mr. B.N. Sharma, learned Additional
Advocate General, appears and waives service of notice on
behalf of the respondents.
By way of this writ petition, the petitioner has prayed
for the following reliefs:-
i) To issue Writ in the nature of Mandamus
directing the respondents to reengage and
allow the petitioner being Class-IV to serve
till he reaches 60 years of age.
ii) That the respondents may be directed not
to consider the petitioner at 58 years of
age.
iii) The petitioner may be allowed full service
and financial benefits till he reaches 60
years without any break and without any
restriction of arrears of salary and other
benefits at par with the benefits allowed in
the Judgment Annexure P-1.
Whether the reporters of the local papers may be allowed to see the judgment?
2. 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
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".
3. 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.
4. 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 he attains the age of 60
years.
Pending miscellaneous application(s), if any, shall
also stand disposed of.
(Bipin Chander Negi)
Judge
July 25, 2024
tarun
