Himachal Pradesh High Court
____________________________________________________ vs State Of H.P. & Others on 9 September, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 4716 of 2023
Decided on: 09.09.2024
____________________________________________________
Keshar Singh ........... petitioner
.
Versus
State of H.P. & others ..........respondents
____________________________________________________
Coram:
Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting? 1
For the petitioner : Mr. Bonit Thakur, Advocate vice
Mr. A.K. Gupta, Advocate.
For the respondents :
Mr. Raj Kumar Negi, Additional
Advocate General. :
____________________________________________________
Bipin Chander Negi, Judge (oral)
For the reasons stated in the application, the same is
allowed. The application stands disposed of.
The instant petition has been filed for the grant of
following substantive relief:-
"i That the respondents may be restrained from
retiring the petitioner at the age of 58 years and
he may be allowed to continue in service upto the
age of 60 years.
2. The petitioner in the case at hand was engaged on
part time basis as a Water Guard under Gram Panchayat, Sarog
in the year 2007. The services of the petitioner were brought on a
contract basis w.e.f. 26.11.2019. Subsequent thereto, the
Whether the reporters of the local papers may be allowed to see the judgment?
services of the petitioner were regularized on 27.04.2022.
Admittedly, the petitioner in the case at hand is a Class-IV
employee. On attaining the age of 58, the petitioner stands retired
.
on 31.07.2023. Being a Class-IV employee, he is entitled to
continue till the age of 60 years.
3. 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 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."
4. 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 titled Satya
Devi vs. State of H.P and others and batch of cases.
5. Accordingly, the present petition is disposed of in
terms of the aforesaid judgment and the respondents are
directed to continue the petitioner in service till he attains the age
of 60 years.
Pending miscellaneous application(s), if any, shall
also stand disposed of.
(Bipin Chander Negi)
Judge
September 09, 2024
tarun
