Decided on September 03,2020

Sham Sharma Appellant


TARLOK SINGH CHAUHAN,J. - (1.)The applicant/respondent (hereinafter referred to as the 'respondent') has preferred this application seeking directions therein for permitting them to retire/superannuate the non-applicant/ Whether reporters of the local papers may be allowed to see the judgment? yes petitioner (hereinafter referred to as the 'petitioner') after attaining the age of 58 years.
(2.)The Government of Himachal Pradesh vide memorandum dated 29.03.2013 decided to raise the retirement age of visually handicapped persons from 58 to 60 years and basing his claim on the aforesaid memorandum coupled with the decision rendered by this Court in CWP No. 1577 of 2018 titled State of H.P. and others vs. Krishan Chand, decided on 5th November, 2018, the petitioner had filed CWP No.398 of 2019, titled Sham Sharma vs. State of H.P. and others, which was decided by this Court vide order dated 30.10.2019, which reads as under:
"This writ petition has been filed with the following prayers:-

i) That the respondent authorities be directed to enhance the retirement age of the petitioner from 58 to 60 years with pursuant to the judgment passed by this Hon'ble High Court in CWP No. 1577/2018 decided on dated 5 th November, 2018.

ii) That writ of mandamus be issued by directing the respondent authority to extent the retirement age of the petitioner from 58 to 60 years of the petitioner and he may be allowed to work as TGT (Non-Medical) in GSSS Shahpur, Tehsil:- Shahpur, District :-Kangra, HP. till he attained the age of sixty years by 28th February, 2021.

iii) That the respondents may be restrained from retiring the applicant on 28.2.2019 on attained the age of 58 years and benefits of judgments passed by various Courts may be given to him.

2. In reply to para-5 of the writ petition, the response of the respondents / State is as under:

"5. That in compliance to the interim order passed by the Hon'ble High Court in CMP No.1507/2019 in CWP No.398/2019 titled as Sham Sharma Vs. State of Himachal Pradesh Si Ors on 01.03.2019 the applicant has been allowed to continue in service.

Hence, in view of the facts and submissions made in preceding paras, the present writ petition filed by the petitioner may kindly be disposed of in the interest of justice and fair play."

3. It is thus, in compliance to the interim order dated 01.03.2019, passed by this Court in CWP No.398/2019 and CMP No.1507/2019, the petitioner has been permitted to continue in the service till he attains the age of sixty years, of-course, subject to the outcome of the appeal, if so preferred.

4. In view of this development, nothing survives in this petition to be decided on merits and the same is accordingly disposed of. Pending application(s), if any, shall also stand disposed of."

(3.)It is further not in dispute that the aforesaid memorandum has now been withdrawn vide memorandum No. Fin(C)-A(3)-2/2013 dated 4th November, 2019 that:
"The undersigned is directed to refer to this department Office Memorandum of even number dated 29th March, 2013 on the above cited subject vide which retirement age from 58 to 60 years in respect of blind Government employees was enhanced. Now after careful consideration of the matter the Governor of Himachal Pradesh is pleased to order that this Office Memorandum dated 29.3.2013 be hereby withdrawn with immediate effect, in public interest."


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