Service Law – Notional Retirement Benefits – The High Court of Himachal Pradesh addressed a writ petition filed by Class-IV employees in the Forest Department seeking the benefits of superannuation at the age of 60 years in accordance with the precedent set in the case of Baldev versus State of H.P. and others. The petitioners, engaged on daily wage basis prior to 10.05.2001 and regularized thereafter, contended that their retirement at the age of 58 years contravened Office Memorandum issued under Fundamental Rule 56(e) and the Full Bench judgment in Baldev Singh’s case.
The court observed that the issue regarding the superannuation age of such employees had been settled in Baldev Singh’s case, holding that date of engagement, not regularization, determines retirement age. The court directed the petitioners to submit a representation to the Divisional Forest Officer, who was instructed to decide upon the matter within six weeks in line with the Baldev Singh judgment. It clarified that while the petitioners would be deemed in service until 60 years, they would only receive notional pay benefits for the period beyond 58 years, with actual monetary benefits accruing three years prior to the filing of the petition. The judgment emphasized adherence to judicial precedent, representation to the adjudicating authority, and the application of deemed service and retirement principles. (Para 11)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 62 HP
[2024 HHC 657]
Ram Krishan & Anr. Vs. State Of Himachal Pradesh & Ors.
CWP No. 641 of 2024-Decided on 12-1-2024
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