Himachal Pradesh High Court
Basant Lal S/O Sh. Shiv Ram Vill vs State Of Hp And Others Along With ... on 26 July, 2022
Bench: Tarlok Singh Chauhan, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 26th DAY OF JULY, 2022
.
BEFORE
THE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
&
THE HON'BLE MR. JUSTICE SANDEEP SHARMA, JUDGE
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 5021
OF 2020
Between
1. BASANT LAL S/O SH. SHIV RAM VILL-
JUGAN, PO THIRTKHOD, TEHSIL PADHAR,
DISTRICT MANDI, HP PRESENTLY RETIRED
AS BELDAR FROM SUB DIVISION (I & PH)
PADHAR, DISTT. MANDI, HP.
2. DHANI RAM S/O SH. ICHHU RAM R/O
VILL-MARH, PO THIRTKHOD, TEHSIL
PADHAR, DISTT. MANDI, HP PRESENTLY
RETIRED AS BELDAR FROM SUB DIVISION
(I & PH) PADHAR, DISTRICT MANDI, HP.
....PETITIONERS
(MR. JAI DEV THAKUR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY ( I & PH) TO THE
GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-2;
2. ENGINEER-IN-CHIEF (I & PH)
DEPARTMENT,U.S. CLUB, SHIMLA, HP.
3. EXECUTIVE ENGINEER (I &PH) DIVISION,
PADHAR, DISTRICT MANDI, HP.
....RESPONDENTS
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2
(MR. ASHOK SHARMA, ADVOCATE
GENERAL WITH MR. VINOD THAKUR,
ADDITIONAL ADVOCATE GENERAL)
.
____________________________________________
This civil writ petition coming on for orders this day,
Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the following:
ORDER
The instant petition has been filed for the grant of following substantive relief :-
"(i) That the impugned portion of Anexure A-1 and Annexure A-2 may be set aside/quashed and the retirement of applicant may also be quashed and the rapplicant may be allowed to retire at the age of 60 years with all benefit incidental thereof"
2. It is not in dispute that the issue in question has now been conclusively resolved by the Hon'ble Full Bench in its judgment rendered in CWP No.2711 of 2017, titled as Baldev Vs. State of HP and others along with connected matters on 22.02.2022, wherein while dealing with the question regarding the age of retirement to be 58 years or a right of an employee to continue in service upto attainment of age of 60 years, the following principles were laid down:-
"xxxxx (ii) Inconsistency between Bar Chand and Chuni Lal now stands, no just resolved, but rather dissolved, in view of notification dated 21.02.2018 amending F.R. 56(e), issued by the State, which has now reinforced and reiterated what was held in Bar Chand's case, i.e. date of regularization of a Class IV daily wager whether prior or after 10.05.2001, will make no difference to the age of his continuing in service. It is the date of engagement, which is the decisive factor. If date of engagement/appointment is prior to 10.05.2001, the Class- IV employee will continue to serve till 60 years of age. In ::: Downloaded on - 27/07/2022 20:02:48 :::CIS 3 case, it is later than 10.05.2001, then restriction in age upto 58 years will apply.
(iii) There cannot be any discrimination amongst .
similarly situated Class-IV employees belonging to one homogeneous class. Therefore, the retirement date, of such of those employees, who had been engaged on daily wage basis prior to 10.05.2001, but regularized after 10.05.2001 and have actually been retired prior to the issuance of notification dated 21.02.2018 at the age of 58 years, shall be deemed to be the date when they otherwise attained the age of 60 years. Since these employees have not actually worked beyond the age of 58 years, therefore, they will not be entitled to the actual monetary benefits of wages/salary etc. for the period of service from the date of their actual retirement till deemed dates of their retirement. However, they will be entitled to notional fixation of their pay for the period in question for working out their payable pension and payment of consequential arrears of pension accordingly."
3. Accordingly, the instant petition is disposed of with the direction to the respondents to examine, consider and then decide the case of the petitioners in light of the aforesaid judgment and in case the case of the petitioners is found to be covered by the said judgment, then the same and similar benefits, as directed by the Hon'ble Full Bench, be extended to the petitioner.
4. Pending miscellaneous application(s), if any, also stands disposed of.
5. For compliance, to come up on 27.09.2022.
(Tarlok Singh Chauhan) Judge (Sandeep Sharma) Judge 26th July, 2022 (Guleria) ::: Downloaded on - 27/07/2022 20:02:48 :::CIS