SC dismisses HP Govt appeal on Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024
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SC dismisses HP Govt appeal on Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024
Shimla, July 29,
In a major legal setback for the Himachal Pradesh Government, the Supreme Court on Tuesday dismissed the State’s appeal challenging the Himachal Pradesh High Court judgment that had struck down the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, a legislation that sought to redefine the service conditions and seniority rights of government employees appointed on contract before regularisation.
The detailed order of the Supreme Court, however, is still awaited and had not been uploaded on the court’s website till the filing of this report. The reasons recorded by the Bench, if any, are expected to provide greater clarity on the legal implications of the dismissal and its impact on pending service-related disputes in Himachal Pradesh.
The Special Leave Petition (Civil) No. 24885 of 2026, titled State of Himachal Pradesh & Another versus Devinder Kumar & Others, came up before a Bench comprising Justice Vikram Nath and Justice Sandeep Mehta. The matter had initially been heard on July 27, when the Bench adjourned it to July 29. On Tuesday, the Supreme Court dismissed the State’s appeal, effectively leaving the Himachal Pradesh High Court’s judgment undisturbed.
The appeal arose from the Himachal Pradesh High Court’s landmark judgment delivered on April 25, 2026, in a batch of over 300 connected petitions, led by Devinder Kumar and others versus State of Himachal Pradesh, wherein the Division Bench declared the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 unconstitutional.
Also read: HP Recruitment Act 2024 gets Governor’s nod
The legislation had been enacted by the State Government following the High Court’s earlier decision in the Taj Mohammad seniority case, which held that contractual service rendered after appointment through the prescribed recruitment process could be counted for seniority upon regularisation. The State had unsuccessfully challenged that judgment before the Supreme Court and subsequently enacted the 2024 law to alter the statutory framework governing recruitment, regularisation and service benefits.
The High Court, while quashing the Act, held that the Legislature could not retrospectively take away accrued service rights or effectively nullify binding judicial decisions by enacting a law that substantially altered the legal consequences flowing from earlier judgments. The court also held that the legislation infringed constitutional guarantees relating to equality and service jurisprudence.
With the Supreme Court dismissing the State’s appeal, the High Court judgment striking down the Act continues to remain operative. The development is expected to have far-reaching implications for thousands of government employees across Himachal Pradesh, including teachers, police personnel, engineers, healthcare employees and other staff whose claims regarding seniority, promotions and consequential benefits are linked to their contractual service prior to regularisation.
The ruling is also likely to influence numerous pending service disputes before the Himachal Pradesh High Court and various government departments, where employees have relied upon the principles laid down in the Taj Mohammad judgment while seeking seniority and other service benefits.
Although the Supreme Court’s case status reflects dismissal of the appeal, the detailed order is awaited. Legal experts say the reasons recorded in the order, if any, will provide greater clarity on the scope of the dismissal and its impact on future litigation involving service matters in Himachal Pradesh.
The verdict marks another significant chapter in the prolonged legal battle over contractual service, seniority and regularisation, an issue that has remained at the centre of service litigation in Himachal Pradesh for the past several years.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
