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2025 DAILYLAW 25239 (HP)

RADHA DEVI v. THE STATE OF HP AND OTHERS

CWP/15852/2024 · 2025-03-10

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15852 of 2024 Date of decision: 10.03.2025 Radha Devi. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Manish Kansra, Advocate. For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Petitioner seeks a direction to the respondents to allow her 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 09.01.2025:- “Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. Petitioner contends that in view of the law laid down in CWP No.2274 of 2021 (Satya Devi Versus State of H.P. and others), decided alongwith connected matters on 28.05.2024, she is entitled to continue to serve with the respondents till she attains the age of 60 years, i.e. 31.05.2026, whereas, the respondents have retired her on 31.05.2024 at the age of 58 years. 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 -2- Let the learned Additional Advocate General to have instructions in the matter specifically as to whether the case of the petitioner is covered under the aforesaid judgment. List on 10.03.2025.” 3. Respondents in their instructions dated 07.03.2025 have not disputed that the case of the petitioner is covered by the aforesaid decision in Satya Devi’s1 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 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 writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 10th March, 2025 Judge (Pardeep)