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2024 Supreme(HP) 306

TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
Pardeep Kumar Gautam – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Karan Singh Parmar, Advocate.
For the Respondent: Mr. Anup Rattan, A.G. with Mr. Ramakant Sharma, Ms. Sharmila
Patial, Addl. A.Gs. and Mr. Raj Negi, Dy.A.G.

JUDGMENT :

Tarlok Singh Chauhan, J.

The petitioner, despite being disabled has not been allowed to continue to work till the age of 60/62 years only on the ground that at the time of his induction into service, he was not disabled, whereas his counterparts have been extended said benefit. Aggrieved by action of the respondents, the petitioner has filed the instant petition for grant of following substantive reliefs:-

    “i) That the impugned office order dated 31-12- 2018, notifications dated 30.8.2018 and office order dated 11.9.2018 may kindly be quashed and set aside and the applicant may be allowed to work till the age of 60/62 years and the respondents may be directed to rectify the notification (Annexure A-) and to extent the benefit of the notification to all persons belonging to physically handicapped category as defined under the Act/State of Himachal Pradesh.

ii) That in case the applicant is retired without giving the benefit of enhancement of age, and in case this Hon'ble Tribunal allow the original application the applicant may be held entitled to all consequential benefits.”

2. The petitioner joined the respondent-Department on 18.1.1985. It was during the course of the duti

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