CWP/18490/2026 on 30 October 2026

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.18490 of 2026

Decided on: 30.10.2026 ------------------------------------------------------------------------------------- Kaushalya Devi

…..Petitioner

Versus

State of H.P. and Ors

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

Coram

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

For the Respondents: Mr. Sikandar Bhushan, Deputy Advocate General.

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

The case set up by the petitioner is that she was appointed as part-time Water Carrier in the respondent Education Department on 19.05.2000. She joined as such on 23.05.2000. Her services were regularized as Peon (Class-IV) on 28.10.2016. Petitioner seeks applicability of notification dated 21.02.2018 (Annexure P-2), whereunder the respondent-State has incorporated the third proviso to Fundamental Rule 56, which provides as under:-

1Whether reporters of print and electronic media may be allowed to see the order? Yes. High Court of H.P. ::: Downloaded on - 02/11/2026 15:35:11 :::CIS

2

“Provided further

that a Class-IV Government

servant appointed on part- time/daily wages basis prior to 10.05.2001 and regularized on or after 10.05.2001 shall retire from the service on the afternoon of the last day of the month in which he attains the age of 60 years.”

2. According to learned counsel for the petitioner, the petitioner is entitled to the benefit of the above clause, enabling continuation of petitioner's service till her attaining the age of 60 years.

3. Learned Deputy Advocate General has placed on record office instructions dated 16.10.2026 from respondent No. 4 conveying that the case of the petitioner is covered under notification dated 21.02.2018. Even otherwise, the petitioner having been appointed as part- time Water Carrier on 19.05.2000 is certainly covered by the notification dated 21.02.2018, therefore, she is entitled to continue in service till her attaining the age of 60 years.

With the above observations, the petition is allowed and to stand disposed of.

Pending miscellaneous application(s), if any, also to stand disposed of.

Jyotsna Rewal Dua October 30, 2026

Judge R.Atal High Court of H.P. ::: Downloaded on - 02/11/2026 15:35:11 :::CIS