Himachal Pradesh High Court
Dolma Devi vs State Of Himachal Pradesh And Others on 11 September, 2024
1
( 2024:HHC:8404 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.9838 of 2024
Date of Decision : 11.09.2024
.
Dolma Devi
...... Petitioner
Versus
State of Himachal Pradesh and others
......Respondents
Coram:
For the petitioner :
r to
The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1
Mr. Bonit Thakur, Advocate.
For the respondents : Mr. Raj Kumar Negi, Additional Advocate General.
Bipin Chander Negi, Judge (oral)
Notice. Mr. Raj Kumar Negi, learned Additional Advocate
General, appears and waives service of notice on behalf of respondents.
2. The instant petition has been filed for the grant of following
substantive relief(s):-
"(i) That the respondents may be ordered to retire the petitioner
at the age of 60 years and not at the age of 58 years and
she may be allowed to continue upto the age of 60 years, as
per the judgment rendered by this Hon'ble Court in CWP
No.2274 of 2021, Satya Devi Vrs. State of H.P. and others
and the other connected matters."
3. Admittedly, petitioner was initially engaged as a Part Time Water
Carrier in the Education Department on 02.05.2005. Thereafter, the services
Whether reporters of Local Papers may be allowed to see the judgment? Yes
( 2024:HHC:8404 )
of the petitioner were brought on daily wage establishment on 19.08.2014.
Subsequent thereto, the services of the petitioner were regularized on
03.10.2019. Admittedly, in the case at hand, the petitioner is a Class-IV
.
employee. She would attain the age of 58 years on 30.10.2024.
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 came 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
( 2024:HHC:8404 )
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 titled Satya Devi vs. State of H.P and others and
batch of cases.
6. 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 she attains the age of 60 years.
Pending miscellaneous application(s), if any, shall also stand
disposed of.
( Bipin Chander Negi)
September 11, 2024 (KS) Judge
