Disposed¶25

Nirmla Devi v. the State of Hp and Others

Service law – retirement age

Himachal Pradesh HC6 Jan 2025CWP/15570/2024

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What is this about?

Nirmla Devi v. State of H.P. and others, CWP No.15570 of 2024, decided 06.01.2025 by Jyotsna Rewal Dua, J. (HP High Court, Shimla). Retirement at 58 challenged seeking service continuation till 60 per Satya Devi (CWP No.2274 of 2021, decided 28.05.2024); benefit of Satya Devi extended; re-induction forthwith till age 60; subject to State's SLP; writ petition disposed.

What did the court decide?

Benefit of the decision in Satya Devi (CWP No.2274 of 2021) conferred on the petitioner; she is to be re-inducted in service forthwith and continue till attaining the age of 60 years, subject to the outcome of the SLP filed by the respondents-State; pending miscellaneous application(s), if any, also disposed of. ¶25

Nirmla Devi Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.15570 of 2024 Decided on: 6^th January, 2025 ------------------------------------------------------------------------------------- Nirmla Devi …..Petitioner

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Versus

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State of H.P. and others .....Respondents

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Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioner: Mr. Hamender Singh Chandel, Advocate.

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For the Respondents: Mr. L.N. Sharma, Additional Advocate General, for respondents No.1 and 2. Mr. Anil Kumar God, Advocate, for respondent No.3.

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Jyotsna Rewal Dua, Judge

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Petitioner seeks a direction to the respondents

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to allow her to continue in service till her attaining the age of 60 years in light of law laid down in Satya Devi Versus

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State of H.P. and others² .

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2. Noticing the contention of the petitioner,

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following order was passed in the matter on 19.12.2024:-

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“CWP No.15570/2024 & CMP No.24932/2024 Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, accepts service of notice on behalf of the respondents.

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

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² CWP No.2274 of 2021, decided alongwith connected matters on 28.05.2024

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Petitioner’s contention is that she has wrongfully been retired on 31.05.2024 at the age of 58 years, whereas, she is entitled to continue in service till she attains the age of 60 years i.e. 31.05.2026 in light of judgment dated 28.05.2024 rendered in CWP No.2274 of 2021 (Satya Devi Vs. State of H.P. and others) and connected matters.

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

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List on 06.01.2025.”

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3. Respondent No.3 in its instructions dated

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06.01.2025 has 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 her attaining the age of 60 years. This shall, however, be subject to outcome of the SLP filed by the respondents-State in the aforesaid decision.

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

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Jyotsna Rewal Dua Judge

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January 06, 2025 Mukesh

Nirmla Devi v. the State of Hp and Others

Case brief

What is this about?

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Nirmla Devi v. the State of Hp and Others

Case brief

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