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High Court of Himachal Pradesh · body

2025 DAILYLAW 28386 (HP)

MANOJ KUMAR v. THE STATE OF HP AND OTHERS

CWP/15556/2024 · 2025-01-07

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 15556/2024 Decided on: 07.01.2025 Manoj Kumar …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Bonit Thakur, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J Petitioner seeks a direction to the respondents to allow him to continue in service till his attaining the age of 60 years in light of law laid down in judgment rendered 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 19.12.2024:- “Notice. Mr. Y.P.S.Dhaulta, learned Additional Advocate General, accepts service of notice on behalf of the respondents. Petitioner’s contention is that he has wrongfully been retired on 31.10.2024 at the age of 58 years, whereas, he is 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2CWP No. 2274 of 2021 alongwith connected matters decided on 28.05.2024 2 entitled to continue in service till he attains the age of 60 years i.e. 31.10.2026 in light of judgment dated 28.05.2024 rendered in CWP No. 2274 of 2021 (Satya Devi Vs. State of H.P. and others) and connected matters. Let learned Additional Advocate General to have instruction in the matter. List on 06.01.2025. . ” 3. Respondents in their instructions dated 06.01.2025 have not disputed that the case of the petitioner is covered by the aforesaid decision in Satya Devi’s case. In view of the instructions placed by the respondents, there is no necessity for calling the reply. Taking note of the instructions, there shall be a direction to the respondents to confer the benefit of the aforesaid decision to the petitioner. The petitioner shall be re-inducted in service forthwith and shall be allowed to continue to serve till his 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 present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge 07th January 2025(rohit)