Extracted from the PDF above. The PDF is authoritative.
1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 356 of 2025 Decided on: 18.03.2025 Dhale Ram ...…..Petitioner Versus State of H.P. and others …..Respondents. Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1No For the Petitioner: Mr. Happy Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. I.N.Mehta and Mr. Yashwardhan
Chauhan,
Sr. Additional Advocates General, Ms. Sharmila Patial, Additional Advocate General and Mr. Raj Negi, Deputy Advocate General. Tarlok Singh Chauhan, Judge (
Oral
) The instant petition has been filed for the grant of following substantive reliefs:- a) That the impugned portion of the notification dated 21.02.2018 contained as annexure P-2 qua to the cut of date i.e. 10.05.2001 may kindly be deleted. b) That the respondents may kindly be directed to pay compensation equal to total emoluments which he would have received during his service as petitioner has already retired on
31.10.2017. 1Whether reporters of the local papers may be allowed to see the judgment? Yes.
2
2. It is not in dispute that the issue in question is not only squarely covered by the judgment dated 26.07.2022 rendered by the learned Full Bench of this court in CWP No.2711 of 2017, titled as Baldev versus State of H.P. and others but also by learned Division Bench judgment dated 28.05.2024 of this court in CWP No.2274 of 2021 titled Satya Devi versus State of H.P. and others.
3. Accordingly, the present petition is allowed. Since the petitioner has already retired, he cannot be reinstated having crossed age of 60 years. Therefore, he shall be paid compensation equal to the total emoluments, which he would have received had he been in service until he attained the age of 60 years and that amount might have been received by him by way of pension. Consequently, benefits be paid to the petitioner within a period of three months from today. The petition stands disposed of, so also the pending application, if any.
(Tarlok Singh Chauhan)
Judge (Sushil Kukreja)
Judge 18th March, 2025. (yogesh/pankaj)