R & P Rule: Himachal govt turns to Gujrat model for legal clarity

Himachalscape bureau February 21, 2024 3 minutes read

Shimla, Feb 21,

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The Himachal Pradesh Government has decided to adopt the Gujarat Model to address the challenges posed by recent verdicts from the Himachal Pradesh High Court regarding issues such as pension fixation, seniority counting, and recruitment policies. A high-level meeting chaired by Chief Secretary Prabodh Saxena recently discussed the legal hurdles faced by the government, particularly concerning the Contract Policy integrated into the Recruitment and Promotion (R&P) Rules.

Recruitment procedures under the state government have become increasingly complex due to conflicting judgments from the Supreme Court and the Himachal Pradesh High Court. Notably, court rulings have mandated the inclusion of contract service periods for various benefits such as pensions, seniority, and promotions.

Key judgments, including the State of Himachal Pradesh versus Sheela Devi case, have emphasized the counting of contractual service towards pension benefits. Additionally, the Himachal Pradesh High Court’s decision in Taj Mohammad Vs State of HP has directed the inclusion of contract service periods for seniority and associated benefits.

Despite the legal challenges, the government is considering filing a review petition in the Sheela Devi case, seeking the opinion of the Advocate General. However, attempts to challenge rulings, such as those in the Taj Mohammad case, have been unsuccessful.

Reportedly, the Food, Civil Supplies, and Consumer Affairs (FCS & CA) Department, directly involved in the legal matters, is yet to obtain a legal opinion on the judgments. Meanwhile, the rulings’ implications on various aspects such as promotions, pension, and arrears remain unsettled.

Given the financial strain on the state, officials have proposed exploring alternative recruitment methods. A Group of Secretaries, led by the Chief Secretary and including representatives from Finance, Personnel, and Law departments, will recommend future recruitment policies, possibly inspired by the Gujarat model.

Efforts are underway to gather updates from the Gujarat government on the legal status of their recruitment policy. Additionally, a comprehensive review of past and ongoing judgments is planned to assess their implementation and relevance to current cases.

In addressing conflicting orders, particularly in cases like Chandel versus State of Himachal Pradesh, the Law Department will provide guidance on the best approach. Centralizing legal matters to ensure a coherent defense strategy before the courts is deemed essential.

Efforts to enhance the litigation system within departments like Public Works Department (PWD) are also underway, with necessary actions to be taken at respective levels and coordination with the Finance Department.

The government aims to navigate legal complexities effectively to ensure stability and coherence in its administrative processes.

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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.

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