The Himachal Pradesh High Court has quashed the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024 with immediate effect, holding it unconstitutional.
A Division Bench of Justices Vivek Singh Thakur and Romesh Verma gave the verdict while disposing of a bunch of 445 petitions challenging the validity of the legislation that came into force in 2025.
“Normally courts refrain from declaring an enactment unconstitutional; however, it is settled law that when a legislation breaches the Constitutional scheme and transgresses limits by interfering in judicial powers, it must go,” the bench said.
The court held that key provisions of the Act, particularly Sections 3 and 5 to 9, were in conflict with the constitutional framework. It observed that even if only the offending provisions were struck down, the remaining statute would lose its substance. “After declaring these sections unconstitutional, nothing substantial remains in the Act. Therefore, we are constrained to hold that the entire legislation deserves to be quashed and set aside,” the Bench ruled.
The petitioners had primarily challenged the law arguing that it adversely affected service conditions and curtailed benefits available under established service jurisprudence. The court, while elaborating on service law principles, noted that the State is permitted to make ad hoc or temporary appointments in emergent situations as a stopgap arrangement to ensure continuity in governance, including essential sectors such as education.
However, the Bench pointed out a long-standing issue where such temporary appointments were continued for extended periods, often 7 to 10 years, while granting employees limited benefits compared to regular appointees.
Section 3 of the Act states that all recruitments to the public services in the State shall be made by regularisation of services, or by promotion, or in the manner as may be prescribed. Section 5 states that notwithstanding anything contained in any law, rule, notification, government order etc. for the time being in force, the services of a person appointed on contract basis or on daily wage basis shall be regularised, in the manner and subject to fulfillment of such terms and conditions, as may be prescribed. Meanwhile, Section 9 states that the provisions of the Act shall have effect notwithstanding anything inconsistent therewith contained in any other law, rule, notification, etc., if any.
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The bench declared that all consequential actions taken by the state government under the now-quashed Act stands illegal, unconstitutional, and nullified. This includes: orders, rejections, and directions issued under the Act along with withdrawal or denial of benefits to employees and any recovery proceedings initiated based on the Act.
The court further directed competent authorities to restore benefits to affected employees in line with earlier judicial pronouncements within three months, by issuing appropriate orders consistent with constitutional principles.
The Bench also clarified that the present judgment is confined to examining the constitutionality, validity, and legality of the Act. It left open the possibility for petitioners to seek additional reliefs by filing fresh petitions if required.
The judgment underscored that such practices had previously been deprecated by courts as exploitative. It reiterated that employees working for long durations against available posts demonstrate the existence of regular work and are therefore entitled to service benefits, including pay scales and other entitlements, at par with regular employees.
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The verdict comes as a relief for thousands of contractual employees, who have been working with the state government for past over a decade.
Advocates Vishwa Bhushan and Ravinder Singh, representing some of the petitioners, told The Indian Express that under the new law a contractual employee was to be given the benefits similar to a regular employee only from the date of confirmation. “For instance, if a person joined a government department on contractual basis in 2003 but was regularized in 2025, they will be given the benefits such as pension, TA/DA etc from 2025 instead of 2003. It is the matter of fact that since 2007-08, almost all the state governments hired the employees on contractual basis and regularized them later.” Vishwa Bhushan said.
Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting.
Professional Background
Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters.
Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India.
Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions.
Recent Notable Articles (Late 2025)
His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh:
1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth.
2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025).
3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025)
4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025)
Legal & Agricultural Affairs
"Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned.
"Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur.
3. Governance & Environment
"Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act.
"Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters.
Crime especially cyber crimes, crypto currency etc:
crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023)
Signature Beats
Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs.
X (Twitter): @saurabh_prashar
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