Sukhu government’s HIMUDA CEO appointment set aside; HC upholds seniority and service hierarchy
Photo used for indicative purpose only. Source internet
Shimla, Sep 4
In a major unpleasant move for the Congress government Himachal Pradesh High Court has set aside the Sukhvinder Singh Sukhu government’s appointment of a junior officer as Chief Executive Officer-cum-Secretary of HIMUDA, holding that a junior officer could not be elevated to a higher position by bypassing the prescribed service rules and denying a senior woman engineer fair consideration.
Justice Jyotsna Rewal Dua, in a judgment pronounced on September 3, allowed the petition filed by Anjori Kapoor, a regularly promoted Chief Engineer in HIMUDA, who had challenged the appointment of respondent No. 4, Dr Surinder Kumar Vashisht, as CEO-cum-Secretary. The court quashed the May 27, 2025 notification appointing Vashisht and directed the authorities to make the appointment strictly in accordance with the applicable Recruitment and Promotion Rules.
The case brings into sharp focus the importance of maintaining the established hierarchy in government service. Kapoor had been regularly promoted as Chief Engineer on December 9, 2022, when Vashisht was still serving as Superintending Engineer. His post was subsequently upgraded to Chief Engineer as a personal measure, with a condition that it would revert to Superintending Engineer once he vacated it.
Also Read
Himachal Pradesh promotion channel case Supreme Court: Status quo continues till April 16
The High Court held that such upgradation could not create a second regular Chief Engineer post or convert the junior officer’s position into a regular promotion. It consequently found that Vashisht did not possess the requisite regular service as Chief Engineer for appointment as CEO-cum-Secretary.
The judgment also raises a larger question about political discretion in bureaucratic and public-sector appointments. The whim and fancy of political leadership in elevating perceived “blue-eyed” officers against established rules can erode the faith of government employees and public-sector institutions in the neutrality of the competent authority. Repeated instances of selective promotion, post upgradation and the meteoric rise of certain individuals can dent the credibility of the system.
“Concerns are also increasingly voiced that preferential treatment for favoured officers, political associates or those perceived to be close to influential circles is becoming a disturbing norm. Such practices, if allowed to override seniority and statutory rules, risk weakening institutional discipline and demoralising competent officers who expect their careers to progress through transparent and uniform procedures.” a state government officer told this correspondent.
The High Court’s ruling makes clear that executive convenience cannot override recruitment and promotion rules, and that even the government must operate within the framework of law.
About the Author
