Himachal Pradesh High Court
Shonki Ram vs State Hp & Ors on 22 January, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.1496/2025.
Date of Decision: 22nd January, 2025.
Shonki Ram .....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. Rahil Mahajan, 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 substantive relief(s):-
“(i). That the respondents may kindly be
directed to retire the petitioner only after
having completed the age of 60 years with
all consequential benefits, like arrear of pay,
increments, seniority etc., as is being done in
case of other Class-IV employees of the
State, who are similarly situated to the
petitioner.
(ii). That the respondents may kindly be
directed to reinstate the petitioner in service
till attaining the age of 60 years i.e.
30.04.2026, with all consequential benefits.”
1
Whether reporters of Local Papers may be allowed to see the judgment? YES
2
3. The petitioner was engaged on daily wage basis on
30.09.2014. Subsequent thereto, vide office order dated
30.10.2019, the services of the present petitioner were
regularized as Peon-cum-Chowkidar. Admittedly, in the
case at hand, petitioner is a Class-IV Employee. He stood
retired on 31.12.2024 on attaining the age of 58 years.
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.
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 he
attains the age of 60 years.
4
Pending miscellaneous application(s), if any, shall
also stand disposed of.
(Bipin Chander Negi)
Vacation Judge
22nd January, 2025
(Gaurav Rawat)
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