Himachal Pradesh High Court
Kalawati vs State Of H.P. And Others on 5 May, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.7314 of 2024
Decided on: 5th May, 2025
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Kalawati .....Petitioner
Versus
State of H.P. and others .....Respondents
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Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting? 1
For the Petitioner: Mr. C.N. Singh and Mr. Devender
Sharma, Advocates.
For the Respondents: Mr. Sikander Bhushan, Deputy
Advocate General.
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Jyotsna Rewal Dua, Judge
This writ petition has been filed for the grant of
following substantive reliefs:-
"i) Issue a writ of Mandamus/Certiorari Or other
appropriate writ, order or direction quashing the
impugned order dated 20.06.2024 (Annexure P.8) for all
intents and purposes.
ii) Issue a writ of Mandamus Or other appropriate writ,
order or direction by directing the respondents
department to treat the retirement age of the petitioner
as 30.06.2026 i.e. 60 years in terms of the judgment
dated 28.05.2024 in CWP No. 2274/2021 title Satya
Devi Versus State of Himachal Pradesh & Ors and
allow her to join back and continue on the job, for all
intents and purpose.
iii) Issue a writ of Mandamus Or other appropriate writ,
order or direction by directing the respondents
department to pay the salary to petitioner w.e.f.
1.07.2024 till the joining back in service in terms of the
judgment passed by this Hon'ble Court (Supra).
Whether reporters of print and electronic media may be allowed to see the order? Yes.
iv) Issue a writ of Certiorari, Mandamus Or other
appropriate writ, order or direction by directing the
respondents department to grant of Work Charge
Status/Regularization to the petitioner w.e.f.
01.01.2013 with all consequential benefits and arrear
on account of retrospective grant of work charge
status/regularization may kindly be ordered to be
released in favour of the petitioner along with 12 %
interest.
vi) Cost of the writ petition may be awarded in favour of
the Petitioner in terms of the law laid down by the
Hon'ble Apex Court in SLP (Civil)Diary No. 30326/2023
title The Special Land Acquisition Officer Versus Vithal
Rao as well as in SLP (Civil) No.3398/2024 titled State
of Rajasthan & Ors Versus Gopal Bijawat, for dragging
the petitioner into the unnecessary litigation contrary to
the litigation policy framed by the respondents
department."
2. Pursuant to the interim order passed in this
petition on 29.07.2024, operation of the impugned office
order dated 20.06.2024 (Annexure P-8), that retired the
petitioner at the age of 58 years, was ordered to be stayed.
The respondents were directed to permit the petitioner to
continue to function as Class-IV employee till the age of 60
years.
3. So far as reliefs No.(i) to (iii) are concerned,
learned counsel for the petitioner submits that the case of
the petitioner is covered by the decision rendered in Satya
Devi Versus State of H.P. and others2.
It is a matter of the record that the aforesaid
decision in Satya Devi's2 case has been stayed by the
Hon'ble Apex Court vide interim order dated 24.03.2025
CWP No.2274 of 2021, decided alongwith connected matters on 28.05.2024
passed in Special Leave Petition (Civil) Diary
No.11306/2025 (State of Himachal Pradesh & Ors. Vs.
Inder Pal).
In view of above, reliefs No.(i) to (iii) claimed by
the petitioner on the strength of the decision rendered in
Satya Devi2, shall abide by the outcome of aforesaid
Special Leave Petition (Civil) Diary No.11306/2025.
4. Insofar as petitioner's prayer for grant of work
charge status is concerned, learned counsel for the parties
have jointly submitted that the said issue is now covered by
the decision rendered by the Hon'ble Apex Court in The
State of Himachal Pradesh & Ors. Versus Surajmani &
Anr.3. The respondent-Department was also the appellant
before the Hon'ble Supreme Court in some of the connected
matters. Learned counsel for the parties also submit that
this writ petition be disposed of in terms of the directions
issued in the aforesaid decision.
5. In view of the stand taken by learned counsel for
the parties and taking into consideration the aforesaid
judgment, this writ petition is disposed of with direction to
the respondents/competent authority to consider the case
of the petitioner for grant of work charge status in
accordance with law laid down in Surajmani2 and pass
Civil Appeal No.1595 of 2025, decided alongwith connected civil appeals on 06.02.2025
appropriate order in accordance with law within six weeks
from today. Copy of the order so passed, be also
communicated to the petitioner.
The writ petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua
May 05, 2025 Judge
Mukesh
