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2025 DAILYLAW 15310 (HP)

GIAN CHAND v. THE STATE OF HP AND OTHERS

CWP/8683/2025 · 2025-06-26

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8683 of 2025 Date of Decision: 26.6.2025 _____________________________________________________________________ Gian Chand ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Devender K. Sharma, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) While placing on corrigendum dated 23.6.2025 issued under the signature of Executive Engineer, Jal Shakti Division, Sarkaghat, learned Additional Advocate General states that nothing remains to be adjudicated in the instant proceedings. Relevant extract of afore corrigendum reads as under: “In Supersession to this office order No. IPH/SKT/EA-11/2013- 7345-50 dated 06-08-2013, whereby Sh. Gian Chand (Beldar) S/O Sh. Sarwan retired at the age of 58 years may now following the judgment passed by the Hon'ble High Court in Baldev Case, CWP No. 2711/2027 be read as under:- - 2 - "And whereas, as per clarification issued by the Chief Secretary to the Govt. of HP letter No. Fin(C)A(3)-2/2013-L dated 28-04- 2023 further conveyed by the Engineer-in-Chief, Jal Shakti Vibhag vide letter No. 382-85 dated 03-05-2023. regarding retirement of class-IV employees engaged prior to 10-05-2001 and their retirement at the age of 60 years instead of 58 years. Sh. Sh. Gian Chand (Beldar) being similar situated to Baldev case CWP No. 2711/2017 shall be deemed retired from government service as on 31-08-2015 (A.N.) after attaining the age of 60 years being his date of birth 15-08-1955 instead of 58 years i.e. 31-08-2013 (A.N.). He will not be entitled for actual benefit of wages and salary ete for the period of service from the date of actual retirement till deemed date of his retirement as held in Baldev case. However, he will be entitled to notional fixation of his pay for the period in question for working out his retirement dues.” 2. Perusal of aforesaid corrigendum clearly reveals that respondents while considering case of the petitioner in terms of judgment passed by this Court in CWP No 2711 of 2017, titled as Baldev v. State of Himachal Pradesh and Ors., has enhanced the retirement age of the petitioner and as per aforesaid order, petitioner shall be deemed to have been retired after attaining 60 years of age, as a result thereof, she shall be entitled for pension. 3. Consequently, in view of the above, nothing remains to be adjudicated in the instant proceedings accordingly, present petition is disposed of with direction to the respondents to ensure that necessary documents shall be forwarded to the office of Accountant General, enabling it to prepare/issue PPO, thereby authorizing pension in - 3 - favour of the petitioner. Needless to say, petitioner shall do the needful in terms of aforesaid corrigendum, enabling the respondents to do the needful expeditiously. All pending applications stand disposed of accordingly. June 26, 2025 (Sandeep Sharma), (manjit) Judge