Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.15220 of 2024
Decided on: 1st January, 2025 ------------------------------------------------------------------------------------- Asha 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. Suneel Awasthi, Advocate.
For the Respondents: Mr. Sikander Bhushan, 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 Versus State of H.P. and others2.
2.
Noticing the contention of the petitioner, following order was passed in the matter on 13.12.2024:-
“CWP No. 15220/2024 & CMP No.24355/2024
Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts 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 Vs. State of H.P. and others) and connected matters, she is entitled to
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2 CWP No.2274 of 2021, decided alongwith connected matters on 28.05.2024
2
serve 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 31.03.2025, on her attaining the age of 58 years.
Let learned Additional Advocate General to have instruction in the matter, specifically as to whether the case of the petitioner is covered under the aforesaid judgment.
List on 01.01.2025.”
3.
Respondents in their instructions dated 30.12.2024 have not disputed that the case of the petitioner is covered by the aforesaid decision in Satya Devi’s2 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 writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua January 01, 2025
Judge Mukesh