IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16703 of 2025 Date of Decision: 28.10.2025 _____________________________________________________________________ Ex Sub (Hony Sub Maj) Surinder Kumar ……...Petitioner Versus Union of India & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Dr. Lalit Kumar Sharma, Advocate. For the respondent: Mr. Balram Sharma, Deputy Solicitor General of India. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main reliefs: “(i) That the impugned employment notice Annexure P-8 dated 02/05/2025 whereby the respondents are going to fill up the post of Nursing Assistant in ECHS Polyclinic Yol Cantt, which is already occupied by the petitioner since 14/10/2019 till date except certain breaks (fictional illegal breaks) by another set of contractual appointee may kindly be set aside and quashed. (ii) That respondents may kindly be further directed to permit the petitioner to discharge his duty as Nursing Assistant at ECHS Polyclinic Yol Cantt till the age of 60 years or the disposal of SLP(C) 36359/2016 titled Sonu Kumar Vs. UOI which is pending adjudication before the Apex Court whichever is earlier. (iii) That the impugned Annexure P-8 qua the post of Nursing Assistant at ECHS Polyclinic Yol Cantt being contrary to judgment dated 15/05/2025 passed by this Hon’ble Court in CWP No.3260/2016 and connected matters may kindly be set aside and quashed. iv. That the act of omission and commission of the respondent No.1 which has not conveyed the approval qua the revision of upper age of retirement for the post of Nursing Assistant till 60 years which is pending decision since 28/12/2023 till date may kindly be set aside and quashed and such respondents may be directed to convey such approval forthwith as it has conveyed the approval of enhancement of remuneration as per revised HR Policy 2024 only on 24/07/2025 and 22/09/2025 as reflected from Annexure from Annexure P-6 (Colly).” 2. In nutshell, grouse of the petitioner, who at present is working as Nursing Assistant in ECHS Polyclinic Yol Cantt., District Kangra, Himachal Pradesh, is that though in terms of contract executed inter se him and the respondents, he would retire on 04.11.2025 on account of his having attained the age of 58 years, but now since vide communication dated 28.12.2023, Human Resource Policy, 2024 has been promulgated, prescribing therein retirement age of 60 years for the category of Nursing Assistant, petitioner herein is also entitled to render services in ECHS Polyclinic upto the age of 60 years. Though prior to approaching this Court, no representation to the respondents has been filed by the petitioner for extension of age benefit, in terms of Human Resource Policy, 2024, but learned counsel for the petitioner, on instructions, states that petitioner would be content and satisfied in case directions are issued to the respondents to treat the present petition as representation and decide the same, in terms of Human Resource Policy, 2024, in a time bound manner. 2 3. While putting in appearance on behalf of the respondents, Mr. Balram Sharma, Deputy Solicitor General of India, fairly states that he is not averse to aforesaid prayer made on behalf of the petitioner. 4. Since it is apparent from the perusal of the revised Human Resource Policy, 2024 (Annexure P-5) that Nursing Assistant appointed on contract basis in ECHS Polyclinic Yol Cantt. can work upto the age of 60 years, coupled with the fact that petitioner herein has been working as Nursing Assistant in ECHS Polyclinic Yol Cantt. since 2019, this Court, without going into the merits of the case, deems it fit to dispose of the same with the direction to the respondents to treat the present petition as representation on behalf of the petitioner and decide the same expeditiously, preferably within three weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing the needful, in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders taking note of revised Human Resource Policy, 2024 (Annexure P-5). Till the time needful is not done, in terms of instant order, petitioner shall continue to serve in ECHS Polyclinic Yol Cantt. in the capacity of Nursing Assistant. Pending applications, if any, stand disposed of. October 28, 2025 (Sandeep Sharma), (sunil) Judge 3