16 Aug 2022 8:14 AM GMT
The Himachal Pradesh High Court has made it clear that service rules framed by a state agency must be applied uniformly throughout the State. The observation came from Justice Vivek Singh Thakur qua the implementation of Himachal Pradesh Kanungo's Service Rules, 1951.The bench made it clear that a decision rendered by the High Court qua Kanungos appointed in District Shimla will also...
The Himachal Pradesh High Court has made it clear that service rules framed by a state agency must be applied uniformly throughout the State. The observation came from Justice Vivek Singh Thakur qua the implementation of Himachal Pradesh Kanungo's Service Rules, 1951.
The bench made it clear that a decision rendered by the High Court qua Kanungos appointed in District Shimla will also be applicable to petitioners who were appointed in District Mandi.
"Any instruction issued by State of Himachal Pradesh, contrary to the verdict Court, is not sustainable and is liable to be ignored and quashed."
The issue before court pertained to determining inter-se seniority.
The Deputy Commissioner, Mandi had determined seniority of Kanungos on the basis of date of their substantive appointment, i.e., after completion of their Settlement Training, Revenue Training and passing Departmental Examination of Kanungo in the year 1991. The Petitioners had sought assigning of seniority from the date of initial appointment, i.e. in the year 1987.
The Petitioners relied on Devinder Singh Kalta v. State of Himachal Pradesh where a Division Bench of the Court allowed the petition filed by some Kanungos appointed in District Shimla and Office Order assigning seniority on the basis of date of completion of training/passing of Examination was set aside, with further direction to redraw the seniority of Kanungos, as per Rule 12 of the HP Kanungo's Service Rules, 1951 on the basis of date of initial appointment.
"The present case is squarely covered by the aforesaid judgment of the Division Bench, which directs the respondents, to assign seniority to the Kanungos from their initial date of appointment. The rejection order has been passed by the Deputy Commissioner Mandi after aforesaid verdict of Division Bench of this Court but contrary to the directions passed by the Court, despite the fact that Secretary (Revenue) to the Government of Himachal Pradesh was representing the State in both cases, as well as also in present case and despite that stand has been taken by the respondents that judgment passed in was in a case filed by a Kanungo of District Shimla. Such plea is not sustainable being completely misconceived. All Kanungos in the State of Himachal Pradesh are to be governed by Rules 1951, referred supra, and these Rules are to be interpreted and implemented in uniform manner throughout the State of Himachal Pradesh," the Court said.
Accordingly, the Court ordered that Petitioners shall be entitled for all consequential benefits, including monetary benefits as well as other benefits, including promotion, accruing to them on the basis of revised/ redrawn Seniority List from the respective dates from which their immediate juniors have been conferred such benefits.
Case Title: OM PARKASH AND ORS. VERSUS STATE OF HIMACHAL PRADESH AND ORS.
Citation: 2022 LiveLaw (HP) 25
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