Himachal Pradesh High Court
Decided On: 04.10.2024 vs State Of H.P. & Others on 4 October, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:9586
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 7955 of 2024
Decided on: 04.10.2024
Ratno Devi ... Petitioner
Versus
State of H.P. & others ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
____________________________________________________ _
For the petitioner : Mr. Mohit Thakur, Advocate,
For the respondents : Mr. Rahul Thakur, Deputy Advocate
General.
Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has pryayed for
the following reliefs:-
"A. To issue Writ in the nature of Mandamus directing the
Respondents to allow the Petitioner to work till she
completes 60 years as Class IV and to pay all monetary
and service benefits till such age (60 years) in terms of the
decision of the Hon'ble High Court as rendered in CWP
No.2274/21, titled as Satya Devi versus State, annexed
as Annexure P-1.
B. The Petitioner may be allowed all monetary and service
benefits for the relevant period."
2. The case of the petitioner is that she is serving as a
Class-IV employee. She was engaged as Part Time Water Carrier in
the year 2002. Her services were regularised on 18.05.2017. She
apprehends that she shall be superannuated on attaining the age of
58 years and she accordingly has approached this Court with the
prayer that in terms of the law laid down by Hon'ble Division Bench
of this Court in CWP No.2274 of 2021, titled Satya Devi vs. State of
Whether reporters of the local papers may be allowed to see the judgment?
2024:HHC:9586
H.P. and others, along with connected matters, decided on
28.05.2024, she has a right to continue to serve till attaining the age
of 60 years.
3. Reply to the petition has been filed and the stand of the
State is that as the petitioner was engaged after 10.05.2021,
therefore, she has to be superannuated at the age of 58 years,
because those incumbents who stood engaged before 10.05.2001 as
a Class-IV employees, have a right to continue to serve till the age of
60 years.
4. Having heard learned counsel for the parties, this Court
is of the considered view that this Writ petition deserves to be
allowed.
5. Hon'ble Division Bench of this Court in Satya Devi vs.
State of H.P. and others (supra) has been pleased to hold that the
distinction sought to be made in between Class-IV employees
engaged prior to 10.05.2001 and after 10.05.2001, in terms of
Notification dated 21.02.2018, does not stands judicial scrutiny and
tough stone of of Article 14 of the Constitution of India. Hon'ble
Division Bench further held that the cut off date of 10.5.2001 in the
notification dated 21.02.2018 was arbitrary. Hon'ble Division Bench
held that there ought to be same age of superannuation prescribed
for all class -IV employees, i.e 60 years. Thereafter, Hon'ble Division
Bench went on to hold as under:-
2024:HHC:9586
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."
6. Therefore, in light of the adjudication by Hon'ble
Division Bench, as this issue is no more res integra that a Class-IV
employee has to superannuate on the last date of the month on
which he or she attains the age of 60 years and as the cut off date of
10.05.2021 in Notification dated 21.02.2018 has been held to bad by
2024:HHC:9586
Hon'ble Division Bench of this Court, the act of the respondents of
intending to superannuate the petitioner at the age of 58 years is
per se bad.
7. Accordingly, this Writ petition is disposed of with the
direction that the petitioner shall not be superannuated on attaining
the age of 58 years and she will be superannuated on the last day of
the month in which she attains the age of 60 years. Pending
miscellaneous application(s), if any also stand disposed of
accordingly.
(Ajay Mohan Goel)
Judge
October 04, 2024
(Rishi)
