Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.10176 of 2024
Decided on: 25th February, 2025 _________________________________________________________________ Rukhyani Devi
....Petitioner
Versus State of H.P. & Ors.
…Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua,
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Rohit, Advocate, vice Mr. Sat Prakash, Advocate.
For the respondents: Ms. Menka Raj Chauhan, Deputy Advocate General.
Jyotsna Rewal Dua, Judge
Petitioner is serving as Class-IV (Peon) in Government Senior Secondary School, Samleu, Tehsil Dalhousie, District Chamba, H.P. Respondents retired her on her attaining the age of 58 years w.e.f. 31.12.2023.
2.
In this writ petition, the petitioner claims her right to continue in service till her attaining the age of 60 years. The relief has been claimed on the basis of decision rendered in Satya Devi Vs. State of H.P. and others2.
1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2 CWP No.2274 of 2021, decided alongwith connected matters on 28.05.2024.
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3.
Matter came up for hearing on 19.09.2024, when by virtue of an interim order, respondents were directed to re- engage the petitioner on the post from which she was superannuated on attaining the age of 58 years subject to further orders that may be passed.
4.
Learned counsel for the parties have apprised that interim order dated 16.09.2024 has been implemented and the petitioner stands re-engaged.
5.
Respondents have filed reply. In the reply, it has not been disputed that the case of the petitioner is covered in terms of judgment rendered in Satya Devi’s2 case. Therefore, there shall be a direction to the respondents to confer the benefit of the aforesaid decision to the petitioner and allow her to continue in service till she attains the age of 60 years. This, shall, however, be subject to outcome of the SLP filed by the respondents in the aforesaid decision.
The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
Judge February 25,2025 R.Atal