Shimla, Nov 29,
The Himachal Pradesh High Court has imposed a personal cost of Rs 1 lakh on the state government and Principal Secretary (Rural Development) for failing to comply with its orders. The division bench, comprising Acting Chief Justice Tarlok Singh Chauhan and Justice Satyen Vaidya, expressed strong disapproval of the government’s attitude, remarking that it was wasting the court’s valuable time and delaying justice for the petitioners.
The bench cited a Supreme Court judgment emphasizing that petitioners should not face delays in obtaining justice. The case pertains to a demand for the inclusion of services rendered on a contract basis for seniority and other benefits after regularization. Despite multiple judicial interventions, including rejections by the double bench, Supreme Court, and dismissal of an LPA by the High Court, the tribunal’s 2017 order has not been implemented.
The petitioners filed an execution petition highlighting the government’s non-compliance. The court observed that the petitioners’ demand was valid and reprimanded the government for failing to act.
Defending the delay, the Advocate General argued that while promotion is a fundamental right, it is not a vested one. He informed the court that a Departmental Promotion Committee (DPC) had finalized the seniority list in 2016, and multiple petitions had been filed by employees on related matters.
Separately, the High Court asked the government to clarify its stance on the pay revision scale under a January 3, 2022, notification. The notification excluded employees appointed before that date, a decision challenged by petitioners working as clerks in the Education Department. The court has reserved its decision and scheduled the pay revision matter for further hearing.
The court’s stern order underscores its commitment to ensuring timely justice and holding authorities accountable for non-compliance.
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