Himachal Pradesh High Court pulls up State for ‘stonewalling’ judicial infrastructure demands
Photo used for indicative purpose only. Source internet
Shimla, Nov 28,
In a strongly worded order, a Division Bench of Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj of the Himachal Pradesh High Court has castigated the State government for repeated delays, policy contradictions and “absolute stonewalling” in matters relating to the creation of courts, staff appointments, funds, vehicles, stipends and infrastructure essential for the judiciary’s functioning.
Hearing a suo motu public interest matter concerning judicial infrastructure (CWPIL No. 46 of 2023), the Bench on 13 November 2025 noted that despite the Supreme Court’s categorical directions in State of Himachal Pradesh & Ors. vs. Surajmani & Anr. (decided 06.05.2025), the State continued to appoint personnel on a daily-wage or outsourced basis. The court observed that this action was “in the teeth of the Supreme Court order and amounts to contempt,” quoting: “In spite of this, the State has chosen to make appointments… on daily wage basis, which… amounts to contempt.”
The Bench expressed shock that staff for newly created courts—four Additional District & Sessions Judges courts and five Civil Judge courts—had been placed on ad hoc, daily wage or outsourced terms, despite the High Court’s own policy that “all its employees… will only be appointed on regular basis.” The judges remarked that sovereign functions cannot run on such arrangements and held that contractual staff “cannot be expected” to shoulder the responsibility required in courts.
The order further records the delayed action on longstanding requests: though the High Court had sought 10 Additional District & Sessions Judges (ADSJ) courts and 87 Civil Judge courts in 2023, the State approved only 4 ADSJ courts and 5 Civil Judge courts after more than two years. The Bench stated, “We would now expect from the State also to create the balance three posts… and 34 posts of Civil Judges.”
The court also pulled up the Finance Department, noting a pattern where proposals relating to judiciary—including vehicles for judges, enhancement of law intern stipends, creation of posts for law clerks, and infrastructure for permanent Lok Adalats—were repeatedly declined or left pending. It observed that these facts “would go on to show that there is an absolute stonewalling of any request made by this Court.”
The Bench took exception to the fact that arrears under the Andhra Pradesh Model—including payments due since 01.09.2021 to retired judges—remained unsettled. The court reiterated that day-to-day functioning was being hampered: “The day-to-day functioning of this Court is being interfered with on account of lack of payments being made as and when called for.”
Issuing a series of binding directions, the Bench mandated regular appointments for all support staff in the newly created courts, sanction of vehicles for judges, enhancement of law intern stipends from Rs 25,000 to Rs 40,000, creation of required posts including judgment writers, immediate approval for permanent Lok Adalat infrastructure, and clearance of all outstanding dues to retired judges. The State was also ordered to create the pending judicial posts and file detailed affidavits explaining all proposals accepted or declined by the Finance Department in the past two years.
Ordering compliance within one week of each demand raised by the High Court administration, the Bench cautioned that “necessary orders will have to follow” in case of any further lapse. The matter will be next heard on December 8, 2025.
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