Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No: 2267 of 2025
Decided on: 10.02.2025
Rukmani Devi
...Petitioner Versus
State of Himachal Pradesh & Others
...Respondents
Coram:
HON'BLE MR. JUSTICE RANJAN SHARMA, VACATION JUDGE
WHETHER APPROVED FOR REPORTING? No.
For the petitioner :
Mr. C.D.Negi, Advocate. For the respondents : Mr. Vishal Panwar, Additional Advocate General. Ranjan Sharma, Judge
The petitioner has filed the writ petition with the following prayer:- (i) That the office order dated 31.07.2023 (Annexure P-1) may very kindly be quashed and set aside and the petitioner may kindly be re-engaged as Class-IV employee till the age of 60 years being Class-IV employee, as per the judgement rendered by this Hon’ble Court in CWP No.2274 of 2021, Satya Devi versus State of Himachal Pradesh and others and the other connected matters. 2
2. The grievance of the petitioner is that the petitioner was initially engaged as Part Time Water Carrier in the year 2002 and she was granted Whole Time status in the year 2012. The petitioner was regularized in service in the year 2016. The petitioner was retired from Government service on 31.07.2023 ignoring the fact that the petitioner being a Class-IV employee is entitled to continue in service upto the age of 60 years in terms of the mandate of this Court in CWP No. 2274 of 2021 titled as Satya Devi versus State of Himachal Pradesh and others decided on
28.05.2024. 3. Upon listing of this case Mr.Vishal Panwar, Additional Advocate General, waives service of notice on behalf of the respondents. 4. Learned State Counsel submits that the claim of the petitioner for continuity-reinstatement in terms of the judgement in Satya Devi’s case (supra) shall be examined by the competent authority in accordance with law and if the case of the petitioner is found to be similarly placed, then appropriate orders in accordance with law shall be passed. 3
5. Taking into account the entirety of the facts and circumstances and with the consent of Learned Counsels for the parties herein, this Court disposes of the instant writ petition at this stage leaving all questions open with the following directions:- (i).
Respondent No.2-Director of Higher Education, Himachal Pradesh shall examine the claim of the petitioner for continuity in service upto the age of 60 years in terms of the judgement passed by the Principal Division Bench of this Court in CWP No. 2274 of 2021 Satya Devi versus State of Himachal Pradesh and others decided on 28.05.2024 in accordance with law after affording personal hearing to the petitioner within three weeks from today;
(ii). Upon consideration, if the claim of petitioner is found to be similarly placed and covered in terms of the judgement in Satya Devi’s case (supra) then further consequential action of reinstatement and release of admissible service benefits to the petitioner be taken by Respondents within the aforesaid period;
(iii) Parties to bear respective costs. 4
In aforesaid terms, the instant writ petition as well as the pending miscellaneous application(s), if any, also stand
disposed of.
(Ranjan Sharma)
Vacation Judge
February 10, 2025 (tm)