Hima Devi vs State Hp & Ors on 21 January, 2025

Himachal Pradesh High Court

Hima Devi vs State Hp & Ors on 21 January, 2025

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.1412/2025.

Date of Decision: 21st January, 2025.

      Hima Devi                                                    .....Petitioner.
                                           Versus

     State HP & Ors.                                              .....Respondents.
     Coram

The Hon’ble Mr. Justice Bipin Chander Negi, Vacation Judge.

Whether approved for reporting?1

For the Petitioner: Mr. Bonit Thakur, Advocate.

For the Respondents: Ms. Niyati Thakur, Dy. Advocate
General.

Bipin Chander Negi, Vacation Judge (oral).

Notice. Ms. Niyati Thakur, learned Dy. 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 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 Vs. State of HP & Ors and the other
connected matters.”

3. The petitioner was engaged on part-time as Water

Carrier in the Education Department on 24.08.2007. The

services of the petitioner were converted into daily wage

1
Whether reporters of Local Papers may be allowed to see the judgment? YES
2

basis on 04.06.2016. Subsequent thereto, the services of

the present petitioner were regularized on 30.11.2021 in

the Department of Horticulture. Admittedly, the petitioner

being a Class-IV employee, is going to superannuate on

31.07.2025.

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 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.

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“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 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 present 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.

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Pending miscellaneous application(s), if any, shall

also stand disposed of.

(Bipin Chander Negi)
Vacation Judge
21st January, 2025
(Gaurav Rawat)