Himachal Pradesh High Court
Veena Devi @ Meena Kumari vs State Hp & Ors on 4 October, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.11274/2024.
Date of Decision: 04th October, 2024.
Veena Devi @ Meena Kumari .....Petitioner.
Versus
State HP & Ors. .....Respondents.
Coram
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Vinod Thakur, Advocate.
For the Respondents: Mr. B.N. Sharma, Addl. Advocate
General.
Bipin Chander Negi, Judge (oral).
Notice. Mr. B.N. Sharma, learned Addl. Advocate
General appears and waives service of notice on behalf of
the respondents.
2. By way of this writ petition, the petitioner has
prayed for the following relief:-
"(i). That an appropriate writ, order or
direction may kindly be issued and office
order dated 30.04.2024 (Annexure P-2)
may kindly be quashed and set aside.
(ii). That writ of mandamus may kindly
be issued directing the respondents to
reinstate the petitioner in service as a
peon at Govt. High School Kohla, District
Hamirpur, HP and allow her to complete
the service till the age of 60 years in view
of the law laid down by this Hon'ble
Court.
Whether reporters of Local Papers may be allowed to see the judgment? YES
3. The petitioner was engaged on part-time as Water
Career on 17.02.2009. The petitioner was converted into
daily wage basis on 17.02.2017. Subsequent thereto, vide
office order dated 17.02.2022, the services of the present
petitioner were regularized. From a perusal of the office
order Annexure P-1, it is evident that services of the
petitioner were regularized as a Class-IV Employee. She
stood retired on 30.04.204 vide Annexure P-2 on attaining
the age of 58 years.
4. 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 along with connected
matters, titled Satya Devi vs. State of H.P. & others
along with 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."
5. 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.
6. Accordingly, the order dated 30.04.2024 (Annexure
P-2) is quashed and 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
04th October, 2024
(Gaurav Rawat)
