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2025 DAILYLAW 8027 (HP)

SALAMDEEN v. THE STATE OF HP AND OTHERS

CWP/3012/2025 · 2025-03-24

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3012/2025 Decided on: 24.03.2025 Salamdeen …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. R.L. Verma, Advocate. For the respondents: Ms. Leena Guleria, Deputy Advocate General. Jyotsna Rewal Dua , J Petitioner seeks a direction to the respondents to allow him to continue in service till his attaining the age of 60 years in light of law laid down in Satya Devi Vs. State of H.P. and others and connected matters.2 2. Noticing the contention of the petitioner, following order was passed in the matter on 04.03.2025:- “ Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. Petitioner contends that in view of the law laid down in CWP No.2274 of 2021 (Satya Devi Versus State of H.P. and others), decided alongwith connected matters on 28.05.2024, he is entitled to continue to serve with the respondents till he attains 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2CWP No. 2274/2021 decided on 28.05.2024 2 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 the learned Additional Advocate General to have instructions in the matter specifically as to whether the case of the petitioner is covered under the aforesaid judgment. List on 24.03.2025.” 3. Respondents in their instructions dated 19.03.2025 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 24th March, 2025(rohit)