Himachal Pradesh High Court
Milapa Devi vs State Of H.P. & Ors on 4 November, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.11472 & 11552 of 2024
Decided on: 4th November, 2024
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1. CWP No. 11472 of 2024
Milapa Devi ....Petitioner
Versus
State of H.P. & Ors. ...Respondents
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2. CWP No. 11552 of 2024
Kaushalya Devi ....Petitioner
Versus
State of H.P. & Ors. ...Respondents
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Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting?
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For the petitioners: Mr. Shivom Vashista, Advocate.
For the respondents: Ms Menka Raj Chauhan, Deputy
Advocate General.
Jyotsna Rewal Dua, Judge
These writ petitions have been filed for grant of
following identical substantive reliefs: -
"(i) That a writ in the nature of certiorari may kindly
be issued for quashing the impugned notification
Whether reporters of Local Papers may be allowed to see the judgment? yes
dt. 21.02.2018 to the extent whereby it
incorporates by way of amendment in rule 56 of
the fundamental rules after the second proviso to
clause (e) "provided that a Class IV Government
servant appointed on part-time/daily wages
basis prior to 10-05-2001". Or in the alternative
the aforementioned part of the amendment may
very kindly be ordered to be read down as
unconstitutional and violative of Article 14 & 16
of the Constitution of India.
(ii) That a writ in the nature of mandamus may
kindly be issued for directing the Respondents to
allow the petitioners to perform his duties in
respondent organization upto the age of 60 years
i.e. up to 31.1.2025 & 30.11.2024, respectively
in view of the judgment rendered by This Hon'ble
Court in case of, C.W.P. No.- 2274/2021 titled as
Satya Devi Vs. State of H.P. alongwith connected
matters decided on 28.05.2024, in the interest of
justice."
2. Following order was passed in both the matters
on 28.10.2024:-
"Learned Additional Advocate General is not in a
position to affirm as to whether the case of the
petitioner is covered in light of the decision rendered in
Satya Devi Versus State of H.P. and others. At his
request, list the matter on 30.10.2024, when the
instructions shall be produced".
3. Pursuant to the above order, learned Deputy
Advocate General has placed on record office instructions
dated 04.11.2024 from the Director Higher Education,
Himachal Pradesh, which, inter-alia, read as under:-
"In this regard it is submitted that the case of petitioner is
covered in light of the decision rendered in Satya Devi
Versus State of H.P. and others. However, State has
assailed the judgment passed on 28.05.2024 by the Hon'ble
High Court in CWP 2274/2021 titled as Satya Devi and
others similar matters by filing SLP in the Apex Court which
is pending adjudication."
4. Respondents in the above instruction memo have
not disputed that the respective cases of the petitioners are
covered in light of decision dated 28.05.2024, rendered in
CWP No. 2274 of 2021 (Satya Devi Vs. State of H.P. &
Ors) and connected matters.
5. In view of above admission, both these writ
petitions are disposed by directing the respondents to
re-engage the petitioners forthwith as they will attain the age
of 60 years on 31.01.2025 and 30.11.2024, respectively.
Petitioners would also be entitled to all the benefits as
admissible to them under Satya Devi's case supra.
Pending miscellaneous application(s), if any, also
stand disposed of.
Jyotsna Rewal Dua
Judge
November 4, 2024
R.Atal
