2024:HHC:12795
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.6218 of 2023
Decided on: 30th November, 2024
_________________________________________________________________
Dhani Ram ....Petitioner
Versus
State of H.P. & Ors. …Respondents
_________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua,
1 Whether approved for reporting?
_________________________________________________________________
For the petitioner: Ms. Mamta Bhatwan, Advocate vice
Mr. Rajeev Sharma, Advocate.
For the respondents: Mr. L.N.Shamra, Additional
Advocates General,for respondent
No.1.
Mr. Dheeraj K. Vashisht, Advocate,
for respondents No.2 and 3.
Jyotsna Rewal Dua, Judge
Petitioner seeks a direction to the respondents to
allow him to continue in service till he attains the age of 60
years in light of law laid down in judgment dated 28.05.2024,
rendered in CWP No. 2274 of 2021 (Satya Devi Vs. State of
H.P. and others) and connected matters.
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
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2. Noticing the contention of the petitioner, following
order was passed in the matter on 12.11.2024: -
Petitioner contends that in view of the law laid
“
down in Satya Devi Versus State of H.P. and others1,
he is entitled to continue to serve with the respondents
till he attains the age of 60 years, i.e. 31.03.2025,
whereas, the respondents have retired him on
31.03.2023 at the age of 58 years.
Let the learned Additional Advocate General and
learned counsel appearing for respondents No.2 & 3 to
have instructions in the matter specifically as to
whether the case of the petitioner is covered under the
aforesaid judgment.
List on 29.11.2024. ”
3. Respondents No.2 and 3 in their instructions
dated 29.11.2024 have not disputed that the case of the
petitioner is covered by the aforesaid decision in Satya Devi’s
case, therefore, there shall be a direction to the respondents
to confer the benefit of the aforesaid decision to the
petitioner. The petitioner shall be re-inducted in service
forthwith and shall be allowed to continue to serve till he
attains the age of 60 years. This, shall, however, be subject to
outcome of the SLP filed by the respondents in the aforesaid
decision.
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The present petition is disposed in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua
Judge
November 30, 2024
R.Atal