Neutral Citation No. ( 2024:HHC:6134 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 7514 of 2024
Date of Decision: 31.07.2024
Karam Chand .....Petitioner.
Versus
State of H.P. & Anr. …..Respondents.
Coram
Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Ashwani Kaundal, Advocate.
For the respondents: Mr. R.K.Negi, Additional Advocate
General.
Bipin Chander Negi, Judge (oral)
The present petition has been filed seeking following relief:
“a) To direct the respondent to kindly reinstate the
petitioner to the service as a peon cum chowkidar at
GSSS Kothi, Tehsil Ghumarwin, District Bilaspur,
Himachal Pradesh as per the judgment passed by
this Hon'ble High Court in CWP No.2274 of 2021
(Annexure. P/5) with all consequential benefits
w.e.f. 31.10.2022 and also release the salary of
petitioner w.e.f. 01.11.2022 to till date of
reinstatement in to service."
2. 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
1 Whether reporters of Local Papers may be allowed to see the judgment?
2
years. The aforesaid notification come up for consideration before
this Court in CWP No. 2274 of 2021 alongwith connected
matters, titled Satya Devi vs. State of H.P. & others alongwith
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 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.”
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3. 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.
4. 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 he attains the age of 60 years.
Pending miscellaneous application(s), if any, shall also
stand disposed of.
(Bipin Chander Negi)
Judge
July 31, 2024
(Shamsh Tabrez)