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Bidhi Chand vs State Of H.P And Others

High Court Of Himachal Pradesh · Decided on 12 July 2021 · Citation: (2021) 07 SHI CK 0116

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Satyen Vaidya, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 1485 Of 2020
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Judgment

19 paragraphs · 353 words

Tarlok Singh Chauhan, J

1.

The instant petition has been filed for the grant of following substantive reliefs:-

“i) That the writ in the nature of mandamus or any other appropriate writ, order or directions may kindly be issued, directing the respondents to

release the salary and other consequential benefits of the petitioner on an w.e.f. 30.11.2016 i.e. when he was retired till 31.07.2018 i.e. when he

should have been actually retired as he has already crossed the age of 60 years.

ii) That the writ in the nature of mandamus or any other appropriate writ, order or directions may kindly be issued, directing the respondents to re-

calculate the pensionary benefits of the petitioner after having considered his age of retirement as 60 years i.e. on 31.07.2018 and the same be

released immediately.

iii) That the writ in the nature of mandamus or any other appropriate writ, order or directions may kindly be issued, directing the respondents to release

gratuity and other consequential benefits in favour of the petitioner after having counted his daily wage service in view of the law laid down by this

Hon’ble Court on Lashkari Ram supra.â€​

2.

As far as the first part of the prayer is concerned, the instant petition for this part of the relief has been rendered infructuous and is disposed of

accordingly.

3.

As regards the claim of the petitioner for permitting him to continue till 60 years of age, the same has been taken care of by issuing Notification by

the State Government on 21st February, 2018, which reads as under:-

“provided further that a Class-IV Government servant appointed on part time/daily wage basis prior to 10.05.2001 and regularized on or after

10.05.2001 shall retire from service on the afternoon of the last day of the month in which he attains the age of 60 years.â€​

4.

Since the petitioner retired prior to the issuance of Notification in the year 2016, therefore, he is not entitled to the benefits thereunder.

5.

Consequently, there is no merit in this petition and the same is accordingly dismissed, so also the pending application(s), if any.