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

Himachal Pradesh High Court

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

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.1329/2025
Date of Decision: 21st January, 2025.

      Meera 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. Umesh, Advocate.

For the Respondents: Mr. Diwakar Dev Sharma, Addl.

Advocate General.

Bipin Chander Negi, Vacation Judge (oral).

Notice. Mr. Diwakar Dev Sharma, 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 a direction may kindly be
issued to the respondents for allowing
the petitioner to be continued in service
till the petitioner attains the age of 60
years i.e. till 28.02.2027 with all
consequential benefits and incidental
thereof in view of the judgment dated
28.05.2024 passed by this Court in CWP
No.2274 of 2021, titled as Satya Devi
Versus State of HP & Ors and other
connected matter in the interest of law
and justice.”

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Whether reporters of Local Papers may be allowed to see the judgment? YES
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3. The petitioner was engaged as part-time Water

Carried in Govt. Primary School Galma, District Mandi, HP,

on 14.05.2002. Subsequent thereto, services of the

petitioner were converted into daily wage in the year 2012.

Thereafter, the services of the petitioner were regularized

on 21.03.2017. The petitioner is going to attain the age of

58 years on 28.02.2025.

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
3

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
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.

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6. Accordingly, 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)
Vacation Judge
21st January, 2025
(Gaurav Rawat)