SHIV RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The respondent No. 4 is a private college receiving 95% grant-in-aid from the government of Himachal Pradesh. The petitioner had been working therein as a Hostel Helper on regular basis w.e.f. 5/12/1989. The petitioner on attaining 58 years of age after putting 34 years of service, was sought to be superannuated from service on 30/4/2022, however, before that he obtain an interim order on 29/4/2022.

(2.) According to the petitioner, he is entitled to continue upto 60 years of age as per the amendment carried out by the State Government in Rule 56 of the Fundamental Rules, which provides that Class-IV employees appointed on part-time/daily wages basis prior to 10/5/2001 and regularized on or after 10/5/2001 shall retire from service on the afternoon of the last day of the month in which he attains the age of 60 years vide Notification dtd. 21/2/2018 (Annexure P-2).

(3.) According to the petitioner, the aforesaid Notification was adopted by respondent No. 4-College in regard to the retirement age of Peon/Class-IV vide communication dtd. 17/12/2021 (Annexure P-3). However, despite this, respondents vide order dtd. 7/3/2022 have ordered the petitioner to retire from service on attaining the age of superannuation on 58 years w.e.f. 30/4/2022.