Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12260 of 2024 Date of decision: 25.03.2025 Raj Kumari.
...Petitioner. Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Bonit Thaikur, Advocate. For the respondents : Mr. Rajat Chauhan, Assistant Advocate General. Jyotsna Rewal Dua, Judge Petitioner seeks a direction to the respondents to allow him to continue in service till her attaining the age of 60 years in light of law laid down in Satya Devi vs. State of H.P. & Ors1.
2. Noticing the contention of the petitioner, following
order was passed in the matter on 04.11.2024:-
“Notice in above terms. In the interregnum, the operation of office order dated 30.09.2023, (Annexure P-1) is hereby stayed and the respondents are directed to allow the petitioner to continue to serve against the post of Class-IV, till she attains the age of 60 years, in light of the judgment of Hon’ble Division Bench of this Court in CWP No. 2274 of 2021, titled as Satya Devi versus State of Himachal Pradesh and others and other connected matters, decided on 28.05.2024.” 1CWP No.2274 of 2021, decided along with connected matters on 28.05.2024 1Whether reporters of Local Papers may be allowed to see the judgment? Yes
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3. Respondents in their instructions dated 19.03.2025 have not disputed that the case of the petitioner is covered by the aforesaid decision in Satya Devi’s1 case. By virtue of interim order dated 04.11.2024 granted in petitioner’s favour, she has been re-engaged and is still continuing in service. Learned Assistant Advocate General, however, submits that judgment in Satya Devi’s1 case has been stayed by the Hon’ble Apex Court. His submission is taken note of. In view of above, relief prayed for by the petitioner for continuing in service till she attains the age of 60 years and the benefits flowing from the aforesaid judgment shall abide by the outcome of the decision of the Hon’ble Apex Court in the Special Leave Petition filed by the respondent- State in Satya Devi’s1 case. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 25th March, 2025 Judge (Pardeep)