Himachal Pradesh High Court
Date Of Decision: 16.10.2024 vs State Of H.P. & Ors on 16 October, 2024
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IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
CWP No.11452 of 2024
Date of Decision: 16.10.2024
Hali 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 : Ms. Ranjana Pathania,
Advocate.
For the Respondents : Mr. Raj Kumar Negi, Additional,
Advocate General.
Bipin Chander Negi, Judge (Oral)
Notice. Mr. R.K. Negi, 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 the respondents may kindly be directed to
consider the case of petitioner for retirement on attaining
the age of 60 years instead of 58 years with further
direction to the respondents to grant two years
consequential benefits by allowing the petitioner to rejoin
at Govt. Sr. Sec. School Dugli, Tehsil Churah, District
Chamba, H.P. in pursuance to the judgment passed by
the Hon'ble High Court in CWP No.2274 of 2021 titled as
Satya Devi vs. State of H.P.& Others.
Whether reporters of Local Papers may be allowed to see the judgment?
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II. That the petitioner may kindly be granted the salary
from 31.10.2023 till her superannuation on attaining the
age of 60 years."
3. The petitioner was engaged as part-time Water
Carrier in the year 2001. Subsequent thereto the services of the
petitioner were converted to the post of Water Carrier-cum-
Peon on daily wage basis on 06.08.2014. Thereafter the
services of the petitioner were regularized as a Class-IV
employee on 20.12.2018. On attaining the age of 58 years,
the petitioner was superannuated on 31.10.2023. (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
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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
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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 impugned order dated 31.10.2023
(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)
