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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Tarlok Singh Chauhan, Sushil Kukreja
Vishal Sharma – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
Since common questions of law and facts are involved in both these writ petitions, the same were taken uptogether for arguments and are being disposed of by a common judgment.
2. The petitioners in both these cases have assailed the Notification dated 02.01.2025, whereby respondent No.4 has been granted re-employment to the post of Director, Animal Husbandry and have further prayed for a direction to the respondents to hold a meeting of the DPC for promotion of the petitioners to the post of Director.
3. The facts are not in dispute that petitioner Vishal Sharma in CWP No.231 of 2025 has superannuated on 31.01.2025 and fell in the zone of consideration for appointment to the post of Director, in case the post would have been filled up in accordance with the Recruitment and Promotion Rules. Likewise, the other petitioner is still continuing in service and falls within the zone of consideration for appointment to the post of Director.
4. It is averred that impugned Notification dated 02.01.2025, whereby re-employment has been granted to respondent No.4 on the post of Director is contrary to the provisions of law and deserves to be quashed and set aside.
Re-employment of government employees must adhere to established procedures and criteria to avoid arbitrariness and ensure fair play.
Statutory rules govern public employment appointments, and deviations without proper procedure or justification are impermissible, ensuring service integrity and fair opportunity for aspirants.
Extension in service beyond superannuation under Article 229 entitles employee to annual increment per handbook distinguishing it from re-employment, prevailing over instructions denying pay increase....
The court held that the government may withdraw re-employment provisions for retired teachers according to policy changes, and that no vested rights were violated as re-employment was contingent upon....
The main legal point established in the judgment is that a policy decision to recall a previous decision, taken in the larger public interest, is valid and not unreasonable. The principle of legitima....
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