IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.18558 of 2025

Decided on: 05.01.2026 P

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Beasa Thakur ....Petitioner

Versus

State of H.P. & Ors. …Respondents

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Coram

Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reptorting?

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For the petitioner: Mr. Sanjeev Bhushan, Sr. Advocate

with Mr. Sparsh Bhushan,

Advocate.

For the respondents: Mr. Rajat Chaudhary, Assistant

C Advocate General.

Jyotsna Rewal Dua, Judge

Petitioner superannuated on 30.11.2025. She

seeks applicability of notification dated 27.08.2025 in order to continue to serve the respondent till currency of ongoing

academic session 2025-26.

2. The facts.

2(i) Petitioner served as Junior Tailor Mistress (JTM) w.e.f. 04.02.2000 in the Industrial Training Institute (Women) (ITI) Mandi. She was promoted as Head Craft Mistress

1 Whether reporters of Local Papers may be allowed to see the judgment? yes

(HCM) on 07.06.2022 in the pay level-12, in the Pay Band of Rs.10300-34800 + 4200 (Grade Pay).

2(ii) Respondents-State issued a notification on 27.08.2025, ordering sessional Hre-employment of teachers/teaching faculty posted in the Government Educational Institutions of Education Department, Technical Education, AYUSH Education and Medical Education Departments of the State for ongoing academic session 2025-

26. The relevant portion of the notification reads as under: -

“GOVERNEMNT OF HIMACHAL PRADESH FINANCE(REGULATIONS) DEPARTMENT No. Fin (C)-A(3)-2/2013 Dt., Shimla-171002, the 27th August 2025 C NOTIFICATION The Governor, Himachal Pradesh is pleased to order that the teachers/teaching faculty posted in Government heducational institutions of Education Department, Technical Education, AYUSH Education and Medical Education g departments of the State Government shall be sessional re-

employed for ongoing academic session 2025-2026 as per following criteria: -

1. All such teachers/teaching faculty who would otherwise have retired from service on completing normal age of superannuation on any day falling between the date of this notification and the last day of the previous month of the ending month of the ongoing academic session, shall, except in case of their otherwise voluntary opt out option, continue in service, and shall be deemed to be sessional re-employed after the date of superannuation up to the specified date of the end of the ongoing academic session as per the ANNEXURE A.

2. Provided that during the aforesaid period of re-

employment, such teachers shall be paid remuneration equivalent to the difference between their last pay drawn and the full pension admissible to them.

3. Further provided that, other than regular monthly pension starting from the normal age of superannuation, all other retiral benefits due on the date of actual superannuation, such as gratuity, leave encashment, final General Provident Fund, commutation of pension etc. as the case maybe, shall be payable and settled only after the completion of such sessional re-employment.

4. The voluntary option to opt out of this sessional re- employment shall be submitted to the Head of Office or Head of Departmtent, well before 60 days of attaining the normal age orf superannuation. This opt out option is to be submituted in four copies on a form of option/undertaking as per the proforma at ANNEXURE-B.

o5. The teachers/teaching faculty in whose cases the date of superannuation is before the expiry of 60 days from the date of this notification, they may exercise opt out option at any time before the date of their superannuation and after the issue of this notification.

6. The end date of the ongoing academies session of each category of educational institutions shall be deemed to be as per ANNEXURE-A for the purpose of this notification.”

Petitioner, vide Annexure P-5, represented for extending benefit of the aforesaid notification in her