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2025 DAILYLAW 7641 (HP)

Joginder Chand v. STATE OF HP AND OTHERS

CMP/2807/2025 · 2025-02-27

Sandeep Sharma

body2025

Judgment text

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Joginder Chand Vs. State of Himachal Pradesh & Ors. CWP No. 269 of 2023 27.02.2025 Present: Mr. Ajay Sharma, Senior Advocate, with Mr. Atharv Sharma, Advocate. Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for the respondent No. 1-State. Mr. K.D.Sood, Senior Advocate, with Mr. Het Ram Thakur, Advocate, for respondents No.2 & 3. CMP No. 2807 of 2025 By way of instant application, prayer has been made on behalf of the applicants/respondents/Trust to discontinue the services of the petitioner w.e.f 28.02.2025, as on that date, the non-applicant/petitioner would complete sixty years of age. No reply is intended to be filed on behalf of non- applicant/petitioner, who fairly states that on 28.02.2025 petitioner would attain the age of 60 years. Since issue with regard to entitlement of the petitioner to continue in service till attaining the age of 60 years is yet to be adjudicated, coupled with the fact that otherwise non-applicant/petitioner has already completed the age of sixty years, this Court sees no impediment in accepting the prayer made in the instant application. In view of above, applicants/respondents/Trust are permitted to superannuate the petitioner on 28.02.2025, when he will attain the age of age of superannuation. Interim directions dated 27.02.2023 and 28.02.2023 stand vacated. However, benefits received by the petitioner pursuant to interim directions passed by this Court shall govern by final outcome of the lis. CWP No. 269 of 2023 Since pleadings are complete and parties are duly represented, let the case at hand be listed for final hearing on the date already fixed as jointly agreed inter se parties. February 27, 2025 (Sandeep Sharma), (sunil) Judge