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2025 DAILYLAW 28010 (HP)

SWARNA DEVI v. THE STATE OF HP AND OTHERS

CWP/15198/2024 · 2025-01-10

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.15198 of 2024 Decided on: 10 January, 2025 _______________________________________________________________ Swarna Devi ....Petitioner Versus State of H.P. & Ors. …Respondents _______________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua, 1 Whether approved for reporting? _______________________________________________________________ For the petitioner: Mr. Suneel Awasthi, Advocate. For the respondents: Mr.Amandeep Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Petitioner seeks a direction to the respondents to allow her to continue in service till she attains the age of 60 years in light of law laid down in Satya Devi Vs. State of H.P. and others2. 2. Noticing the contention of the petitioner, following order was passed in the matter on 13.12.2024: - “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 law laid down in CWP No.2274 of 2021 (Satya Devi Versus State of H.P. and others) and 1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2 CWP No.2274 of 2021, decided alongwith connected matters on 28.05.2024. connected matters, she is entitled to served with the respondents till she attains the age of 60 years i.e 31.03.2027, whereas, the respondents are going to retire her on 31.3.2025, on her attaining the age of 58 years. 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 10.01.2025.” 3. Respondents in their instructions dated 02.01.2025 have not disputed that the case of the petitioner is covered by the aforesaid decision in Satya Devi’s case, therefore, there shall be a direction to the respondents to confer the benefit of the aforesaid decision to the petitioner and allow her to continue in service 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 present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge January 10, 2025 veena 2