Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.17894 of 2025
Decided on 17th March, 2026 Bharat Singh
…Petitioner Versus State of Himachal Pradesh and others
…Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Nishant Khidtta, Advocate.
For the respondents: Mr. Rajpal Thakur, Additional
Advocate General, for respondent
No.1.
Mr. Saurav Rattan, Advocate, for
respondents No.2 to 4.
Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- (i)
“That writ in the nature of certiorari may kindly be issued and the impugned orders dated 25.08.2025 (Annexure P-15) and 05.09.2025 (Annexure P-16) passed by respondent No. 3 may kindly be quashed and set aside.
(ii) That writ in the nature of mandamus may kindly be issued directing the respondents to correct the date of birth of the petitioner in the service record as 07.05.1969 in place of 07.05.1968 in view of the
judgment and decree dated 17.05.2019 passed by the Senior Civil Judge Nahan and as per the corrected date of birth in the matriculation certificate.”
2
2.
Learned counsel for the petitioner submits that the petitioner is forgoing the prayer made in this petition and he shall not press for the issuance of any mandamus to correct his date of birth in his service record from 07.05.1968 to
07.05.1969. His statement is taken on record. Learned counsel further submits that in terms of the service rules of the respondents i.e., Bye-Law Shri Mahamaya Balasundari Jee Temple Trust Trilokpur Employees-2003, the age of retirement is 60 years except in the case of Superintendent-cum-Manager and Pujari’s, who are stated to retire at the age of 65 years.
Learned counsel further submits that as the respondents are superannuating the petitioner on attaining the age of 58 years, the petition be disposed of by observing that the respondents may re-consider their decision in the light of the service rules.
Learned counsel for respondent No.4 submits that petitioner is being superannuated as per relevant Rules.
3.
In the light of the fact that this particular prayer is beyond the pleadings and prayer made in the writ petition, this petition is disposed of with the direction that on this issue the
3 petitioner may approach the Authority within a period of one week and the Authority shall take a call thereupon as per the existing rules, which govern the superannuation of the employees of the respondents and decision be taken within three weeks as from the date of the receipt of the representation after hearing the petitioner.
4.
Pending miscellaneous applications, if any, also stand disposed of.
(Ajay Mohan Goel)
Judge March 17, 2026 (Vinod)