Shimla, May 9
In a ruling, the High Court of Himachal Pradesh delivered a judgment condemning the overreach of the Finance Department in a case involving the promotion and subsequent pay scale of government employees. Justices Tarlok Singh Chauhan and Sushil Kukreja presided over the case of Nand Lal versus the State of Himachal Pradesh & Others, delivering a verdict that limits the Finance Department’s authority.
The case revolved around Nand Lal, who was promoted to the position of Senior Statistical Assistant in 1998. The petitioner argued that there were no age or educational qualifications required for promotion under the prevailing rules at the time. Despite this, the Finance Department attempted to impose conditions retroactively, causing confusion and legal disputes.
“ We really fail to understand how the Finance Department can seek to implement its order dated 08.11.2010, which is contrary to the Recruitment and Promotion Rules. The Finance Department is only a wing of Government and cannot impose its authority like a superior authority,” noted the court.
In their oral judgment, the Judges noted the Finance Department’s attempt to supersede statutory rules with executive instructions.” The court directed,” … we may observe that the manner in which the different Departments of the Government have been working is highly condemned qua the ignorance of the legal position. We really fail to understand how the Finance Department can seek to implement its order dated 08.11.2010, which is contrary to the Recruitment and Promotion Rules. The Finance Department is only a wing of Government and cannot impose its authority like a superior authority,” stated the bench in the order
They emphasized that executive instructions cannot override established recruitment and promotion rules framed under Article 309 of the Constitution of India. The verdict highlighted the duty of government departments to adhere to legal provisions and condemned their ignorance of the law.
Consequently, the High Court directed the respondents to re-fix Nand Lal’s salary according to the rules prevailing at the time of his promotion and ordered the re-fixation of his pension accordingly. Moreover, the respondents were instructed to pay interest on the enhanced amount/arrears at a rate of 6% per annum.
The court also imposed costs of Rs. 50,000 on the Finance Department and respondent No. 2. This amount is to be equally borne at the outset by the Finance Department and the concerned respondent and subsequently recovered from the responsible officers or officials, regardless of their current employment status.
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