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Shimla, Aug 6
Himachal Pradesh High Court has questioned the State Government’s decision to regularise the occupation of government residences by six former Chief Parliamentary Secretaries (CPSs), observing that the move appeared to have been taken only after the court intervened in the matter.
Hearing a suo motu case, a Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi examined the original government file produced by the State and found that after the court’s observations on December 29, 2025, the authorities initiated steps to legalise the stay of the former CPSs in government accommodation.
The court noted that on June 6, 2025, the government had decided not to initiate eviction proceedings against the former CPSs because a Special Leave Petition (SLP) challenging the High Court judgment was pending before the Supreme Court. The file also showed that the government cited a shortage of official residences and considered recovering licence fees from the occupants while allowing them to continue in the houses.
The Bench further found that the matter was later placed before the Chief Minister and, on May 4, 2026, approval was granted to regularise the occupation of the residences with retrospective effect from November 14, 2024, on payment of normal licence fees after the proposal was circulated before the Cabinet.
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Making strong observations, the High Court said, “Had we not issued notice on this aspect, the State would have conveniently kept the matter under the carpet.” The Bench observed that the government had invoked Rule 24 of the Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994, by relaxing the rules even though no application had been filed by the former CPSs seeking such relief.
The court directed the Chief Secretary to file an affidavit explaining how many similar cases had earlier been granted such special permission and why the six former CPSs were extended the benefit without even applying for it. It also sought details of the penal rent payable by them and questioned whether the exercise was arbitrary, remarking, “show me the face, I will show you the rule,” despite the appointments of the Chief Parliamentary Secretaries having already been set aside.
The High Court issued notice to the State Government asking why its decision to regularise the occupation should not be stayed and listed the matter for further hearing on August 19, 2026.
