HP Recruitment Act 2024 gets Governor’s nod
Photo used for indicative purpose only. Source: Internet
Shimla, Feb 8,
Himachal Pradesh Governor Shiv Pratap Shukla has given his assent to the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, which was passed by the state assembly during its last winter session. A notification issued by Raj Bhavan confirmed the Governor’s approval on February 7, 2025, paving the way for its enactment.
The Act aims to regulate the recruitment and conditions of service of persons appointed to public services in connection with the affairs of the State and matters connected therewith or incidental thereto. It derives its authority from Article 309 of the Constitution, which empowers states to legislate on public service employment rules.
A key aspect of the legislation is the exclusion of contract appointments from recruitment and promotion rules, addressing concerns over contractual employees being treated as part of the public services. The Act clarifies that “since the service conditions of the persons working on contract basis are regulated as per the agreement signed between the parties, the various service rules applicable to the Government employees are not applicable to them and as such the contract appointees are not part of public service.”
The law also outlines a structured framework for regularization, stating that “the services of a person appointed on contract basis or on daily wage basis shall be regularized, in the manner and subject to fulfillment of such terms and conditions, as may be prescribed.” However, it restricts the extension of certain benefits to only regular government employees, explicitly mentioning that “the service benefits available under various Central Civil Services Rules, as applicable in the State, the Himachal Pradesh Civil Services Rules, and other service benefits such as seniority, increment, promotion, etc. shall be applicable only to the employees appointed on regular basis.”
Additionally, the Act mandates an overriding effect over any previous rules or regulations that contradict its provisions, ensuring that “the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law, rule, notification, etc.”
The bill was passed in the assembly through a voice vote, despite strong protests from BJP members, who termed the legislation discriminatory and legally untenable. Leader of Opposition Trilok Jamwal had warned that the retrospective nature of the law would invite a flood of litigation, as employees who were regularized or promoted following court orders since 2003 could now see their benefits withdrawn. “Employees have already gained regular positions and promotions through legal battles. With this bill, the state government is inviting fresh litigation, and employees will approach the Supreme Court to challenge this act,” Jamwal said.
BJP MLA Jeet Ram Katwal particularly had criticized Sections 6 and 8 of the Act, arguing that they violate past judicial precedents. He had cited the Deputy Engineer vs. State of Maharashtra case, warning that the retrospective amendments could be struck down by courts. Randhir Sharma, another BJP member, accused the government of unfairly depriving contract employees of their rights, despite many of them clearing competitive selection processes similar to regular employees.
However, despite the criticism, CM Sukhu defended the legislation, stating that without it, the government would face serious administrative and financial consequences. He had argued that granting equal status to contract employees would require revising seniority lists, which could result in demotions for thousands of regular employees and internal conflicts within departments.
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.