IBEX NEWS,shimla.
The High Court of Himachal Pradesh has held that the State cannot be permitted to act as an exploitative master by cleverly devising a method under the garb of provisions of R & P Rules, by providing contractual appointment at initial stage but depriving service benefits. The Court further held that it is not expected from the State to deprive the employees from their lawful and just benefits emanating from the services rendered by them.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi passed this order on a petition filed by the petitioners who were appointed as Tehsil Welfare Officer in the Department of Social Justice and Empowerment to the Government of H.P, in May, 2010, on contract basis. The petitioners have claimed counting of their contract service for the purpose of annual increment, seniority and pensionary benefits from the date of their initial appointment.
The Court found that there is no justifiable and plausible reason available on record for not offering regular appointment at initial stage. It appears, in order to avoid its liability to pay salary attached to the post and to deprive the employees from lawful service benefits available to them, exploitative policy of contract appointment has been/ and is being adopted and practiced. The Court further observed that the omissions and commissions on the part of the State are arbitrary and against the mandates of the Construction of the India.
The Court held that the petitioners are entitled for counting their services from date of initial appointment on contract basis for the purpose of seniority and all consequential benefits like granting annual increments and pensionary benefits.The Court has directed the respondents to extend all consequential benefits to the petitioners on or before 31st December, 2023.