Himachal Pradesh High Court
Date Of Decision: 16.10.2024 vs State Of H.P. & Ors on 16 October, 2024
1 ( 2024:HHC:9825 )
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
CWP No.11480 of 2024
Date of Decision: 16.10.2024
Viasan Devi ...Petitioner
Versus
State of H.P. & Ors. .....Respondents
Coram:
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Petitioner : Mr. Mehar Chand Thakur,
Advocate.
For the Respondents : Mr. B.N. Sharma, Additional,
Advocate General.
Bipin Chander Negi, Judge (Oral)
Notice. Mr. B.N. Sharma, learned Additional
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 reliefs:-
"(I) That writ in the nature of certiorari may kinldy be
issued and retirement order dated 30.06.2023 (Annexure
P-2) may kinldy be quashed and set-aside.
ii) That a writ in nature of Mandamus or may other
appropriate writ, order or directions may kinldy be issued
directing the respondents to reinstated the petitioner to
continue in service till attainment the age of 60 years with
all consequential benefits incidental thereof."
Whether reporters of Local Papers may be allowed to see the judgment?
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3. The petitioner was initially appointed as Part Time
Water Carrier by the respondent-department on 13.09.2006.
Subsequent thereto her services were converted into daily
wage basis on 01.08.2015. Thereafter the services of the
petitioner were regularized as a Class-IV employee on
31.03.2020. On attaining the age of 58 years, being a Class-IV
employee the petitioner was superannuated on 30.06.2023
(Annexure P-2).
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
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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."
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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 impugned order dated 30.06.2023
(Annexure P-2) is quashed and 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
October 16, 2024
(subhash)
