Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 280/2025
Decided on: 06.03.2025 Bhadri Devi
…Petitioner
Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Vaibhav Tanwar, Advocate, proxy counsel Mr. G.R. Palsra, Advocate. For the respondents: Mr. Sikander Bhushan, Deputy Advocate General. Jyotsna Rewal Dua , J 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 judgment rendered in Satya Devi Vs. State of H.P. and others.2
2. Noticing the contention of the petitioner, following order was passed in the matter on 04.01.2025:-
“ Notice. Mr. L.N. Sharma, Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. The petitioner’s contention is that her case is covered under the decision rendered in CWP No.2274/2021 (Satya Devi Vs. State of H.P. & Ors.) decided on 28.05.2024 along with connected matters and in terms of this decision, the petitioner is entitled to the benefits flowing from 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 the above decision and also liable to serve with the respondents till her attaining the age of 60 years, which she will attain on 31.05.2026. 3. Petitioner's grievance is that she had already been retired at the age of 58 years on 31.05.2024, whereas, the respondents are mandated by the decision rendered in Satya Devi’s case (supra) to allow her to continue to serve till her attaining the age of 60 years, i.e. 31.05.2026. In view of above, let learned Additional Advocate General have instructions from respondents, as to whether the case of the petitioner is covered by the aforesaid decision in Satya Devi (supra) or not. Instructions be obtained by the next date. List on 06.03.2025”
3. Respondents alongwith their instructions dated 18.02.2025 have placed on record an office order dated 18.01.2025 issued by Director of Horticutlure Himachal Pradesh, Shimla, re- engaging the petitioner inter-alia on the premise that the case of the petitioner is covered by the aforesaid decision in Satya Devi’s case. 4. Taking note of the instructions, the petitioner shall be allowed to continue to serve till her 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 06th March, 2025(rohit)