Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.2808 of 2025
Decided on: 19th March, 2025 _________________________________________________________________ Ex. Hav Ashok Kumar
....Petitioner
Versus HPSEBL & Anr.
…Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua,
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Mayank Sharma, Advocate vice Mr. K.B. Khajuria, Advocate.
For the respondents: Ms. Vandana Misra, Advocate, for the respondents.
Jyotsna Rewal Dua, Judge
Petitioner seeks a direction to the respondents to allow him to continue in service till he attains the age of 60 years in light of law laid down in Satya Devi Vs. State of H.P. and others2.
2.
Noticing the contention of the petitioner, following order was passed in the matter on 28.02.2025: -
“Notice. Ms. Drishti Sirswal, Advocate appearing vice Ms. Vandana Misra, learned Standing Counsel, accepts service of notice on behalf of the respondents.
Petitioner contends that in view of law laid
1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2 CWP No.2274 of 2021, decided alongwith connected matters on 28.05.2024.
- 2 - down in CWP No. 2274 of 2021 (Satya Devi Vs. State of H.P. and others) and connected matters, he is entitled to serve with the respondents till he attains the age of 60 years i.e. 31.03.2027, whereas, the respondents are going to retire him on 31.03.2025, on his attaining the age of 58 years.
Let learned counsel of the respondents to have instruction in the matter, specifically as to whether the case of the petitioner is covered under the aforesaid judgment.
List on 19.03.2025.”
3.
Respondents in their instructions dated 17.03.2025, have not disputed that the case of the petitioner is covered by the aforesaid decision in Satya Devi’s case. Admittedly, operation of the judgment in Satya Devi’s case has not been stayed till date, therefore, there shall be a direction to the respondents to confer the benefit of the aforesaid decision to the petitioner and allow him to continue in service till he 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 present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
Judge March 19, 2025 R.Atal