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High Court of Himachal Pradesh · body

2025 DAILYLAW 7080 (HP)

MALKAN DEVI v. STATE OF HP AND OTHERS

CWP/2472/2025 · 2025-02-27

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2472 of 2025 Date of decision: 27.02.2025 Malkan Devi. ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Suneel Awasthy, Advocate. For the respondents : Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for the grant of following substantive relief(s):- “i). Writ of certiorari may kindly be issued to quash Annexure P-1 i.e. office order dated 15.11.2022 whereby the petitioner has been retired from the services on attaining the age of 58 years. ii) Writ of mandamus may kindly be issued to the respondents to extend the retirement age of the petitioner from 58 years to 60 and the petitioner be allowed all consequential benefits i.e. payment of salary etc. and counting of additional two years service for the purpose of pension. 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- (iii). Writ of mandamus may kindly be issued to the respondents to pay the arrears of salary w.e.f. 01.12.2022 to 01.11.2024.” 3. Admittedly, the petitioner has invoked extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India without even preferring any representation to the competent authority for the redresssal of his grievances raised in the writ petition. 4. Confronted with above, learned counsel for the petitioner submitted that the petitioner would be preferring representation within two weeks from today. In case, such representation is so preferred, the competent authority shall consider and decide the same, in accordance with law, within further period of six weeks. The order so passed shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 27th February, 2025 Judge (Pardeep)