Himachal Pradesh High Court
Tara Devi vs State Hp & Ors on 15 October, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.11394/2024.
Date of Decision: 15th October, 2024.
Tara Devi .....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. Surender Sharma, Advocate.
For the Respondents: Mr. R.K. Negi, Addl. Advocate
General.
Bipin Chander Negi, Judge (oral).
Notice. Mr. R.K. Negi, 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 the respondents may kindly be
directed to reinstate the petitioner in
service as Peon-cum-Chowkidar w.e.f.
01.12.2023 and to permit her to
discharge her duties as such till she
attains the age of 60 years, i.e.
30.11.2025."
3. The petitioner was engaged on part-time as Water
Career on 08.03.2002. The services of the petitioner were
converted into daily wage basis on 26.11.2012.
Subsequent thereto, vide office order dated 16.03.2017,
Whether reporters of Local Papers may be allowed to see the judgment? YES
the services of the present petitioner were regularized.
Admittedly, in the case at hand, petitioner is a Class-IV
Employee. She stood retired on 30.11.2023 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, impugned order dated 30.11.2023
(Annexure P-3) 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
15th October, 2024
(Gaurav Rawat)
