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2025 Supreme(Online)(HP) 6764
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sandeep Sharma, J
Bhopinder Singh & ors. – Appellant
Versus
State of H.P. & ors. – Respondent
CWP No. 3151/2025
For the Appellants/Petitioners: Mr. Y.K. Thakur, Mr. Bhanu Verma, Mr. Ritik Prashar
For the Respondents: Mr. Anup Rattan, Mr. Rajan Kahol, Mr. Vishal Panwar, Mr. B. C. Veruma, Mr. Ravi Chauhan
The court mandates timely decision-making by the State regarding recruitment and promotion rules for temple employees to ensure fair employment practices.
Headnote:The petitioners working in various capacities at Shri Durga Mata Temple sought the framing of Recruitment and Promotion Rules for regularization. Despite lengthy delays and processes observed, the Court noted the respondents' assurance to expedite final decisions on the Rules. The main issue was whether the respondents were obliged to finalize the R&P Rules to prevent undue suffering to employees. The Court ruled that the State must take a decision expediently, indicating ongoing administrative responsibility to resolve employee promotion and regularization issues.
Justice Sandeep Sharma, Judge (oral)
The precise grouse of the petitioners, who have been working in different capacities i.e. Clerk, Chief Pujari, non- hereditary positions, Peon, Turi, Mali, Beldar, Sweeper and others at Shri Durga Mata Temple, Hatkoti Jubbal, District H Shimla for the last so many years, is that their request for framing Recruitment and Promotion Rules (for short, R&P Rules) enabling them to seek regularization as well as further promotion are not being framed by the respondents-State on one pretext or other.
2 It is averred in the petition that the majority of the temples, including Shri Durga Mata Temple, which are bePing managed by the State Government under the Himachal Pradesh Hindu Public Religious Institution and Charitable Endowments Act , 1984, have framed R & P Rules, as a result whereof, employees working in those temples besides their being regularized are getting promotions. However, matter with regard to the framing of R t& P Rules for the employees of Shri Durga Mata Temple, Hatkoti Jubbal, District Shimla, is pending consideration before the government for the last about 3-4 years and as such necessary directions are required to be issued to the government to finalize the R&P Rules so that the employees working in the aforesaid Temple are not made to suffer endlessly.
3 Pursuant to the notices issued in the instant proceedings, respondents No. 1 to 4 have filed their reply through Deputy Commissioner, Shimla, perusal whereof reveals that the draft proposal of R & P Rules of Shri Durga Mata Temple Trust, Hatkoti received from the Chairman (Temple)- cum-SDO (C), Jubbal in the month of September 2022 was sent to the Chief Commissioner (Temple)-cum-Secretary (LAC) to the Government of Himachal Pradesh vide letter dated 20.10.2022, however the Additional Chief Commissioner (Temple)-cum-Secretary (LAC) sought clarifications on certain points vide letter dated 4.4.2023. Requisite information wPas furnished vide letter dated 21.4.2023 . Thereafter on 30.6.2023 the draft R & P Rules concerning the employees of both Shri Durga Mata Temple Trust, Hatkoti and Shri Bhimakali Ji Temple and other group of temples, Rampur, were prepared and sent to the office of the Additional Chief Commissioner(Temple)-cum-Diretctor (LAC), who forwarded the same to the government for approval. However, the government returned the R&P Rules vide letter dated 19.1.2024 directing preparation of unified Rules for both the temple trusts.
4 After receipt of the aforesaid communication dated 19.1.2024, several meetings were convened with officials from both temple trusts and the Assistant Controller of Finance (F&A) under the chairmanship of the Assistant Commissioner to the Deputy Commissioner, Shimla and ultimately final revised/unified draft R&P Rules were prepared and submitted to the Additional Chief Commissioner(Temple)-cum-Director (LAC) with a request to take up the matter with the government vide letter dated 28.4.2025, but till date no decision upon the same has been taken by the government.
5 Learned Advocate General states that since on the request made by the petitioners, authorities concerned have already framed draft R& P Rules for Shri Bhimakali Ji Temple as well as Shri Durga Mata Temple Trust, Hatkoti (AnnexPure R-2) grouse of the petitioners, as raised in the petition, stands redressed. He further states that the action, if any, for approval of the aforesaid R &P Rules, if not already taken, shall be taken expeditiously.
6 Consequently, in view of the fair stand adopted at the behest of the respondents-Sttate, this Court sees no reason to keep the present petition alive and the same is accordingly disposed of, with a direction to the respondents-State to ensure that the final decision upon the revised/unified draft R&P Rules for both temple trusts, as detailed above, is taken expeditiously, preferably within a period of six weeks. Pendi
