2025 Supreme(Online)(HP) 7770
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Neeraj Gupta, J
Court on its motion – Appellant
Versus
State of H.P. & Ors. – Respondent
CWPIL No. 46 of 2023
Important Points
Subject
Judicial Administration - Financial Compliance
Act Referred
Headnote
For the Appellants/Petitioners: Mr. Neeraj Gupta, Mr. Pranjal Munjal
For the Respondents: Mr. Anup Rattan, Ms. Priyanka Chauhan
| Table of Content |
|---|
| 1. judicial financial compliance and outstanding dues. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. statutory duty of the state for providing permanent lok adalat. (Para 7) |
| 3. consequences of non-compliance with court orders. (Para 8) |
| 4. final directive for payment to ensure court operations. (Para 9) |
The third affidavit has been filed by the Additional Chief Secretary Mr. Kamlesh Kumar Pant with various documents, in pursuance to the order dated 02.06.2025 which we had passed, to hold out that the orders of the Apex Court are being duly complied with and the am ount to be paid to the retired Judges are being paid as per the Andhra Pradesh model, which payment had to be made from 01.10.2014 and the arrears had to be cleared. It has i already been noticed that notification dated 14.05.2025 was issued in spite of this fact that the amount had to be paid from an earlier point of time, but in the said notification it has been mentioned that it was from the date of the issuance of the notification. The Advocate General has made much stress that on account of the sensitivity of the issue, the Cabinet has now authorised the Hon’ble Chief Minister to take a decision on departmental file by placing on record Annexure- I, dated 28.10.2025.
2. The Assistant Registrar (Accounts) is present in the Court and would go to show that a demand of Rs. 81,23,864/- was made firstly on 03.09.2025 to the Additional Chief Secretary (Home). The same amount was then claimed on 19.09.2025, apart from the other amounts, which inPcludes medical reimbursement of Rs. 58,00,000/- and honorarium of Rs. 3,00,000/-. Vide letter dated 13.10.2025, the same amount has been reiterated.
3. On 09.10.2025, a communication was received to provide information that could be placed before the Council of Ministers. Needful wast done expeditiously by the High Court on 17.10.2025 giving various details as to how the enhancement has been taken and tabulated statement was supplied by the Registrar (Accounts), and it was mentioned that necessary notifications have already been supplied vide lett er dated 15/16.07.2025, which has now been also appended alongwith afÏdavit as Annexure-A. The communication was addressed on 25.10.2025 by the i Additional Chief Secretary (Home) that said information did not contain the exact date from which date the arrears have to be paid. The requisite information was thereafter supplied on 30.10.2025, whereby tentative total arrears of Rs.3,24,12,768/- was mentioned, regarding the issue of orderlies and telephone expenses.
4. We are also informed by the Registrar (Accounts) that under Major Head-’2014-Administration of Justice, 102- High Court, 01-High Court Establishment(Charged)-SOON, a sum of Rs. 1,64,87,364/- is due for various medical expenses, travel expenses, liveries and other charges, inclusive of Rs.81,00,000/- is demanded apart from other hospitality expenses.
5. Similarly, under Major Head-’2014-AdminisPtration of Justice, 105-Civil & Sessions Courts, 01-Civil & Sessions Court Establishment (Voted)-SOON, a total amount of Rs.4,22,28,000 is due. For Major Head 2014-’Administration of Justice’, 796-Tribal Area Development Programme, a sum of Rs. 4,64,035/- is due. For Social Security and Welfare Programmes, a sum of Rs. t96,37,000/- is due. A grand total of all these above would go to show that an amount of Rs.6,88,16,399/- is outstanding. Another amount of Rs.4,07,50,208/- is due on account of purchase of new vehicles. Thus, apparently a sum of over Rs. 10,00,00,000/- (Rs . 10 Crores) is due.
6. Apart from this, a request was made vide communication dated 12.07.2023 for creation of 7 courts of i Additional District Judges and 39 courts of Civil Judges, the first phase out of need for 10 courts of Additional District Judges and 87 Courts of Civil Judges, which is still pending and in spite of various requests, the State Government has chosen not to act on the same. The standard communication, which is received by this Court is that Finance Depa