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2025 DAILYLAW 29140 (HP)

RAM DEVI v. THE STATE OF HP AND OTHERS

CWP/16586/2024 · 2025-01-10

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.16586 of 2024 Decided on: 10th January, 2025 _________________________________________________________________ Ram Devi ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua, 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Ajeet Singh Saklani, 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 her attaining 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 31.12.2024: - “Notice. Mr. Dalip K. Sharma, Deputy Advocate General, appears and waives service of notice on behalf of the respondents. Learned counsel for the petitioner contends that in light of the law laid down in Satya Devi vs State of H.P. & Ors ‘ petitioner is entitled to continue to serve the respondents till she attains the age of 60 years, whereas the respondents have wrongly retired her at the age of 58 years. That the petitioner will attain the age of 60 years on 30.10.2026. Learned Additional Advocate General to 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 obtain/file instructions/reply as to whether the case of the petitioner is covered under the aforeaid decision by the next date. List on 10.01.2025.” 3. Respondents in their instructions dated 9.1.2025 have not disputed that the case of the petitioner is covered by the aforesaid decision in Satya Devi’s case(supra), therefore, 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 her attaining the age of 60 years. This shall however be subject to outcome of SLP filed by the respondents in the aforesaid decision. The present writ 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