IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 12802/2024 Decided on: 19.09.2025 Ex. Hav. Surinder Kumar Kapoor …Petitioner Versus UOI & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Surya Chauhan, Advocate. For the respondents: Mr. Balram Sharma, DSGI with Mr. Rajeev Sharma, Advocate. Jyotsna Rewal Dua , J Following order passed in the matter on 13.11.2024, notices the gist of the case: - “Notice. Mr. Rajiv Sharma, Advocate, appears and waives service of notice on behalf of the respondents. 2. Learned Senior Counsel for the petitioner contends that ever since 2011, the petitioner is serving as Nursing Assistant in ECHS Yol Cantt., Dharamshala, District Kangra. The respondents intend to retire him at the age of 58 years, which the petitioner will attain on 31.01.2025, whereas in terms of Annexure P-2 dated 28.12.2023, the respondents have circulated a fresh ECHS Human Resource Policy to all concerned for information and compliance. In terms of Appendix thereof, the age limit for rendering contractual service has been extended to 60 years. Attention has also been 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 invited to employment notice (Annexure P-7) issued by the respondents advertising one post of Nursing Assistant in ECHS Polyclinic Yol. 3. Learned Senior Counsel submits that in case the respondents are permitted to complete the recruitment process under the employment notice (Annexure P-7) against the post of Nursing Assistant in ECHS Polyclinic Yol, irreparable loss and injury shall be caused to the petitioner. 4. Learned Deputy Solicitor General of India submits that Annexure P-2 increasing the age limit for rendering the contractual service upto the age of 60 years for Nursing Assistant, is only a proposal. 5. Annexure P-2 is with the heading “ECHS: Human Resource Policy 2024”. Along with this policy, Appendix, wherein age for rendering contractual service for the post of Nursing Assistant has been made 60 years, has been circulated to all concerned quarters for information and ‘compliance’. In view of above, petitioner has made out a, prima facie, case in his favour. He is stated to be continuing on the post in question since 2011. The respondents therefore are directed not to proceed further with the recruitment process for the post of Nursing Assistant in ECHS Polyclinic Yol under employment notice (Annexure P-7) till the next date of hearing. Reply to the writ petition be filed within three weeks. List thereafter.” In view of above order, petitioner has continued to serve with the respondents. 2. Respondents have filed short affidavit, in terms of which, petitioner’s claim to serve till the age of 60 years has been refuted. As per the affidavit, extension of age upto 60 years has not been 3 approved/promulgated by the respondents. This position is not denied for the petitioner. Petitioner after attaining the age of superannuation i.e. 58 years cannot be permitted to serve any further. Hence, this writ petition to now stands disposed of. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge 19th September, 2025(rohit)