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2025 DAILYLAW 25611 (HP)

LAXMI DEVI v. STATE OF HP AND OTHERS

CWP/12950/2024 · 2025-03-20

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12950 of 2024 Decided on: 20th March, 2025 ------------------------------------------------------------------------------------- Laxmi Devi …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Bonit Thakur, Advocate vice Mr. A.K. Gupta, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Following order was passed in this writ petition on 18.11.2024:- “Issue notice. Mr. Pushpinder Jaswal, learned Additional Advocate General accepts notice on behalf of the respondents. Reply, if any, within a period of six weeks. List thereafter. CMP No.21376 of 2024 Notice in the above terms. In the interregnum, the respondents are directed to forthwith reengage the petitioner as Peon, in the light of the law declared by the 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, in terms whereof, a Class-IV employee has to be superannuated on attaining the age of 60 years.” 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2. On 07.01.2025, learned Additional Advocate General was directed to have instructions as to whether the case of the petitioner was covered in light of judgment rendered in Satya Devi Versus State of H.P. and others2. 3. Learned Deputy Advocate General has placed on record office instructions dated 28.02.2025 from the Director Higher Education, Himachal Pradesh, to the effect that the case of the petitioner is covered by the aforesaid decision in Satya Devi2. The instructions are also to the effect that the respondent-Department has re-engaged the petitioner. 4. Taking note of the above instructions, this writ petition is disposed of with a direction to the respondents to allow the petitioner to continue in service till her attaining 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 March 20, 2025 Judge Mukesh 2 CWP No.2274 of 2021, decided alongwith connected matters on 28.05.2024