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2026 DAILYLAW 14849 (HP)

NIRMLA DEVI AND OTHERS v. STATE OF HP AND OTHERS

CWP/6863/2024 · 2026-07-09

Ranjan Sharma, Vivek Singh Thakur

body2026

Judgment text

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2026:HHC:27966 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.6863 of 2024 Decided on: 09.07.2026. ________________________________________________________ Nirmala Devi & Others ...Petitioners Versus The State of Himachal Pradesh ...Respondents & Others. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the petitioners: Mr. Bhim Raj Sharma, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Raj Negi, Deputy Advocate General, for respondents No.1 to 7-State. Ms. Komal Chaudhary, Advocate, for respondent No.8- Principal Accountant General. Vivek Singh Thakur, Judge [Oral] Petitioners have approached this Court seeking following substantive reliefs:- “(i). The impugned notification dated 21.02.2018, to the limited extent, prescribing two dates of retirement of Class IV employees one 60 years for Class IV employees engaged prior to 10.05.2001 and second 58 years for Class IV employees engaged after 10.05.2001, may 1 Whether reporters of Local Papers may be allowed to see the judgment? 2026:HHC:27966 - 2 - kindly be declared unconstitutional, violative of Article 14 of the Constitution of India, illegal, unjust, harsh, malafide, arbitrary, void ab initio, against the principles of natural justice, service jurisprudence and legitimate expectation. (ii). The notification dated 21.02.2018, to the limited extent, notifying the words “appointed/engaged on part time/daily wage basis prior to 10.05.2001 and regularized on or after 10.05.2001” may kindly be quashed and set aside. (iii). The respondents may kindly be directed to extend the benefits of retirement age of 60 years to the petitioners and to treat the petitioners in service up to the age of 60 years instead of 58 years. (iv). The respondents may kindly be directed to pay the compensation equal to the total emoluments which they would have received had they been in service until they attained the age of 60 years, with all consequential retiral benefits, in the interest of law and justice.” 2. Admittedly, a similar issue is pending adjudication before the Hon’ble Apex Court in Special Leave to Appeal (C) No.20496/2024, titled State of Himachal Pradesh & Ors. v. Satya Devi and connected matters. 2026:HHC:27966 - 3 - 3. As agreed by parties, present petition is disposed of with the direction that parties shall abide by the final verdict of the Hon’ble Apex Court in Special Leave to Appeal (C) No.20496/2024, and prayer of the petitioners shall be considered and decided by the respondents in accordance with the judgment to be rendered by the Hon’ble Apex Court in Satya Devi’s case, within eight weeks from the date of the said judgment. 4. Accordingly, the present petition is disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge July 09, 2026 [Shivender]