HP’s Contract Employee Act and Its Constitutional Downfall

In a landmark constitutional ruling delivered on 25 April 2026, a Division Bench of the High Court of Himachal Pradesh quashed the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 (Act No. 23 of 2025) in its entirety. The impugned Act had been enacted to neutralise decades of judicial precedent protecting the service benefits of contract and ad hoc employees appointed dehors Recruitment and Promotion Rules. The Court held the Act unconstitutional on the grounds that it violated the separation of powers, attacked judicial independence, was manifestly arbitrary under Article 14 of the Constitution, violated the constitutional scheme of public employment under Articles 16 and 309, and exceeded the legislative competence of the State Legislature. The judgment is an authoritative restatement of the limits on legislative power to override judicial decisions and carries significant implications for public employment law across the country.

 

Continue reading “HP’s Contract Employee Act and Its Constitutional Downfall”

Counting of Contract Service for Seniority and Benefits: An Analysis of Taj Mohammad Case

The case of Taj Mohammad vs. The State of Himachal Pradesh, adjudicated by the High Court of Himachal Pradesh, marks a significant moment in the interpretation of service rules within the State. The case intricately examines the implications of counting contractual service for seniority and other benefits in government employment, a topic of immense relevance to thousands of public sector employees. The case confirms the vital rights of public sector employees transitioning from contractual to regular appointments. The Court’s decision maintained that the entire service period, including the contractual stage, should count towards seniority and related benefits. The judgment aligns with the principles of fairness and equality set by the Indian Constitution and emphasizes that regularization of employment should retrospectively recognize the entirety of an employee’s service. This case is of substantial significance for its implications on seniority and regularization of contractual employees, in government departments.

Continue reading “Counting of Contract Service for Seniority and Benefits: An Analysis of Taj Mohammad Case”