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2025 DAILYLAW 5758 (HP)

KASHMIRO DEVI v. THE STATE OF HP AND OTHERS

CWP/2502/2025 · 2025-02-25

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2502 of 2025 Decided on: 25th February, 2025 ------------------------------------------------------------------------------------- Kashmiro Devi …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Hemant Kumar Thakur, Advocate. For the Respondents: Ms. Menka Raj Chauhan, Deputy 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 Versus State of H.P. and others2. 2. Noticing the contention of the petitioner, following order was passed in the matter on 21.02.2025:- “Heard. Mr. YPS Dhaulta, Learned Additional Advocate General, appears and waives service of notice on behalf of respondents. 2. Grievance of petitioner is that petitioner is a Class-IV employee and is seeking the benefit of continuity in service upto the age of 60 years [i.e. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 CWP No.2274 of 2021, decided alongwith connected matters on 28.05.2024 2 28.02.2027], in terms of mandate of Principal Division Bench of this Court in CWP No.2274 of 2021 In re: Satya Devi vs State of HP and others, decided on 28.05.2024. [Annexure P-3]. 3. Learned Counsel for petitioner states that respondents intend to retire the petitioner at the age of 58 years on 28.02.2025. 4. In view of above circumstances, this Court directs the respondents to file a short reply or furnish instructions in the matter within three days. Matter be listed before the appropriate Bench on 25.02.2025.” 3. Respondents in their instructions dated 25.02.2025 have not disputed that the case of the petitioner is covered by the aforesaid decision in Satya Devi’s2 case. Therefore, there shall be a direction to the respondents to confer the benefit of the aforesaid decision to the petitioner and allow her to continue in service till she attains the age of 60 years. This, shall, however, be subject to outcome of the SLP filed by the respondents in the aforesaid decision. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua February 25, 2025 Judge Mukesh