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2025 DAILYLAW 7738 (HP)

BHAG RATHI v. THE STATE OF HP AND OTHERS

CWP/2861/2025 · 2025-03-01

Sandeep Sharma

body2025

Judgment text

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Bhag Rathi v. State of Himachal Pradesh and Ors. CWP No.2861 of 2025 20.3.2025 Present: Mr. Divya Raj Singh, Advocate, for the petitioner. Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. CWP No. 2861 of 2025 & CMP No. 2949 of 2025 No reply to main petition or to miscellaneous application for stay has been filed on behalf of the respondents/State, rather an attempt has been made to defeat the claim of the petitioner on the ground that Hon’ble Apex Court in IA No. 26037 of 2025 titled as HP Vidhan Sabha Vs. Bhagwan Singh, granted interim stay against the order passed by this Court in CMP No. 26347 of 2024 in CWP No. 16745 of 2024 titled as Bhagwan Singh Vs. HP Vidhan Sabha, wherein direction was issued not to retire the petitioner at the age of 58 years. Since no order has been placed on record suggestive of the fact that judgment dated 28.05.2024 passed by this Court in CWP No. 2274 of 2021 titled as Satya Devi Vs. State of Himachal Pradesh & Ors., whereby similarly situate persons have been held entitled to continue in service upto the age of 60 years, has been stayed by Hon’ble Apex Court, prayer made on behalf of the petitioner for interim relief deserves to be allowed. In view of the above, it is ordered that the petitioner shall be allowed to continue on the post till the final disposal of the petition or attainment of 60 years by the petitioner, whichever is earlier. List on 21.04.2025, on or before which date, respondents may file reply to the main petition as well as to the miscellaneous application. March 20, 2025 (Sandeep Sharma), manjit Judge