Himachal Pradesh High Court
Hima Devi vs State Of H.P. & Ors on 11 September, 2024
1
( 2024:HHC:8411 )
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
CWP No.9830 of 2024
.
Date of Decision: 11.09.2024
Hima 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. Bonit Thakur, Advocate.
For the Respondents : Mr. Raj Kumar Negi, Additional
Advocate General for the
respondents.
Bipin Chander Negi, Judge (Oral)
Notice. Mr. Raj Kumar 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 reliefs:-
(i). That Annexure P-1 may kindly be quashed and set
aside and the respondents may kindly be directed to
allowed the petitioner to continue up to the age of 60
years, as per the judgment rendered by this Hon'ble
Court in CWP No.2774 of 2021, Satya Devi versus
Whether reporters of Local Papers may be allowed to see the judgment?
( 2024:HHC:8411 )
State of H.P. and others and the other connected
matters".
3. The petitioner was initially engaged as a part time
.
Water Carrier in the Education Department on 26.08.2022.
Subsequent therein to the services of the petitioner was
brought on daily wage establishment in the year 2013.
Thereafter her services were regularized on 16.03.2017.
Admittedly in the case at hand, the petitioner is a Class-IV
employee. On attaining the age of 58 years on 30.03.2024
vide Annexure P-1, the petitioner stands retired.
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
( 2024:HHC:8411 )
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
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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, order dated 30.03.2024 (Annexure
P-1) 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
September 11, 2024
(subhash)
