Shimla, April 26: The Himachal Pradesh High Court has made a significant ruling by completely nullifying the Himachal Pradesh Recruitment and Service Conditions Act, 2024. This decision brings considerable relief to thousands of employees in the state, paving the way for them to receive their pending financial benefits.
The division bench of the High Court, comprising Justices Vivek Singh Thakur and Ramesh Verma, heard a total of 445 petitions together and declared the Act unconstitutional.
In its ruling, the court clarified that Sections 3, 5, and 9 of the Act are contrary to constitutional provisions. The court stated that removing these key sections leaves no meaningful provisions in the Act, making it necessary to annul the entire law. The High Court also made it clear that all actions taken by the state government or its officials under this Act would be deemed unconstitutional and invalid. All orders, directives, and proposals related to the recovery of benefits from employees issued under this Act have also been annulled.
The court directed the relevant authorities to ensure that all financial benefits are provided to employees within three months, in accordance with the orders of competent courts.
This case is related to thousands of employees who were initially appointed on a contract basis. After 2003, these employees were gradually regularized, but their contract periods were not included in their regular service, leaving them deprived of financial benefits. The employees challenged this decision in court and won the case up to the Supreme Court. Despite this, the state government attempted to implement this Act in 2024 to retract previously granted financial benefits.
Petitioners argued that the government tried to overturn judicial decisions through this Act, which is beyond its jurisdiction. They contended that only the judiciary can alter any judicial decision, not the legislature. They also alleged that orders for the recovery of benefits issued under this Act on July 17, 2025, were entirely unconstitutional.
The High Court’s ruling not only provides relief to thousands of employees but also accelerates the process for them to receive their outstanding financial benefits. This decision is considered significant from both administrative and legal perspectives, as it clarifies the boundaries of authority between the government and the judiciary.
– P.S.K.
Arpit Soni has had a passion for journalism since the beginning. Now he has turned this hobby into his profession. Arpit, who is a resident of Udaipur, enjoys editing and writing news related to journalism. He has worked as a Senior Content Producer in several important roles at Bhaskar, Patrika, Pratahkal, Punjab Kesari, and Times. Arpit completed his schooling in Udaipur and Jaipur. He has been working in the media industry for more than 10 years, and his journey is still continuing. ✍️📚
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