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2024 Supreme(HP) 10

RANJAN SHARMA
Rup Lal – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Bonit Thakur, Advocate vice Mr. A.K. Gupta, Advocate.
For the Respondents:Mr. B.C. Verma, Additional Advocate.

JUDGMENT :

Ranjan Sharma, J.

Notice. Mr. B.C. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2. The petitioner has filed the instant petition for the following relief:

    “That the retirement of the petitioner at the age of 58 years, may kindly be set aside and he may be held to be in service upto the age of 60 years with all consequential benefits as directed in the case of Baldev Vrs. State of H.P. & others.”

3. Case of the petitioner, in brief, is that the petitioner was engaged an Animal Attendant, in the Department of Animal Husbandry, on 1.1.1994 and was regularized 06.07.2006 and he retired from service on attaining the age of superannuation of 58 years on 31.03.2017.

4. The learned counsel submits that the issue as to whether the petitioner, who was engaged on PartTime/ Daily Wage basis w.e.f. 01.01.1994 i.e. prior to 10.05.2001 and was regularized on or after 10.05.2001 is entitled to continue in service upto the age of 60 years, as per the Office Memorandum dated 11.05.2001, the amendment dated 28.12.2019 and the amendment dated 21/22-02-2018 Fundamental Rule 56(e) stands adjudicated by the Full Bench of this Court i

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