CWP/15150/2024 on 31 December 2024

2024:HHC:16838 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.15150 of 2024

Decided on: 31st December, 2024 ------------------------------------------------------------------------------------- Rakesh Kumar

…..Petitioner

Versus

State of H.P. and others

.....Respondents -------------------------------------------------------------------------------------

Coram

Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vishal Verma, Advocate.

For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

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 Versus State of H.P. and others2.

2. Noticing the contention of the petitioner, following order was passed in the matter on 12.12.2024:- “Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts service of notice on behalf of the respondents.

Petitioner’s, contention is that he has wrongfully been retired on 28.02.2023 at the age of 58 years, whereas, he is entitled1515 to continue in service till he attains the age of 60 years i.e. 28.02.2025 in light of judgment dated 28.05.2024 rendered in CWP No. 2274

1Whether reporters of print and electronic media may be allowed to see the order? Yes.

2 CWP No.2274 of 2021, decided alongwith connected matters on 28.05.2024 High Court of H.P. ::: Downloaded on - 30/10/2026 19:25:04 :::CIS

2 2024:HHC:16838

of 2021 (Satya Devi Vs. State of H.P. and others) and connected matters.

Let learned Additional Advocate General to have instruction in the matter.

List on 31.12.2024.”

3.

Respondents in their instructions dated 31.12.2024 have not disputed that the case of the petitioner is covered by the aforesaid decision in Satya Devi’s2 case. Therefore, there shall be a direction to the respondents to confer the benefit of the aforesaid decision to the petitioner. The petitioner shall be re-inducted in service forthwith and shall be allowed to continue to serve till his attaining the age of 60 years. This shall, however, be subject to outcome of the SLP filed by the respondents in the aforesaid decision.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

Jyotsna Rewal Dua December 31, 2024

Judge Mukesh

High Court of H.P. ::: Downloaded on - 30/10/2026 19:25:04 :::CIS