Himachal Pradesh High Court
Anso Devi vs State Of H.P. & Others on 31 July, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 7271 of 2024
Date of Decision: 31.07.2024
.
Anso Devi .....Petitioner.
Versus
State of H.P. & others .....Respondents.
Coram
Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Aman Thakur, Advocate, vice
Mr. Mohit Thakur, Advocate.
For the respondents: Mr. R.K.Negi, Additional Advocate
General.
Bipin Chander Negi, Judge (oral)
The present petition has been filed seeking 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 she reaches
60 years of age.
ii) That the respondents may be directed not to
consider the petitioner as retired at 58 years of age.
iii) The petitioner may be allowed full service and
financial benefits till she reaches 60 years without
any restriction of arrears of salary and other benefits
at par with the benefits allowed in the judgment
Annexure P-1."
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
Whether reporters of Local Papers may be allowed to see the judgment?
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 dt. 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 she attains the age of 60 years.
Pending miscellaneous application(s), if any, shall also
stand disposed of.
(Bipin Chander Negi)
Judge
July 31, 2024
(Nisha)
