2 years, 2 months ago

[Article 229] State Can't Object To CJ's Recommendations On HC Staff Service Conditions Unless "Very Good Reasons" Exist: HP High Court Censures Govt

Live Law

The Himachal Pradesh High Court recently held that the power of Chief Justice under Article 229 is paramount in nature and once the Chief Justice takes a progressive step to ameliorate the service conditions of the Officers and staff working under him, the State Government cannot raise objections unless there were very good reasons. The observations were made by a bench comprising Justices Tarlok Singh Chouhan and Sandeep Sharma while hearing a writ petition filed by Himachal Pradesh High Court, Non-Gazetted Employees/Official Employees Association in terms of which they sought directions upon the state government to bring parity in the pay scales of employees of the Himachal Pradesh High Court registry with their counterparts in Punjab and Haryana High Court. Since the Government of India granted a hike of 20% in the existing pay to the employees serving in Punjab and Haryana High Court with effect from 01.01.2006, so, a similar provision should also be made for the employees of the Himachal Pradesh High Court as well, they prayed. Accordingly, the court set aside the decision of the state government whereby it refused to accede to the recommendations made by the High Court Chief Justice for a 20% hike in the existing pay scale of the high court employees.

Justice High Court Court Employees Pay State High Punjab Chief Pradesh Himachal Pradesh Himachal Staff employees object pay pradesh reasons chief staff justice service hc court hp state unless himachal recommendations high

History of this topic

2 months, 1 week ago

Benefit Of Equal Pay & Holidays Are Granted To Daily Wage Employees Working Part-Time At HC Circuit Benches: Karnataka Govt Tells High Court

Live Law

The Karnataka Government informed the High Court that the benefit of general holidays and Government holidays as notified by the Court in the calendar is granted to the part-time daily wage manual workers working in the Benches of High Court at Dharwad and Kalaburagi. In the order dated 17.11.2021, the Court recorded the submission on the part of the advocate …

2 months, 3 weeks ago

2024 Supreme Court Decisions Relating To Judges & Judicial Service

Live Law

In 2024, the Supreme Court passed notable orders and made key observations on multiple issues related to the working of the District Judiciary and Judicial Officers. Here is a relook of the important developments : High Court Chief Justice Cannot Individually Reconsider Judges' Appointment, Must Be Collectively Done By Collegium : Supreme Court The Supreme Court allowed a writ petition …

3 months ago

Union govt notifies appointments of CJs of Himachal, Uttarakhand high courts

Hindustan Times

The Union government has notified the appointments of chief justices of the Himachal Pradesh and Uttarakhand high courts almost three months after the Supreme Court Collegium recommended their elevation. “In exercise of the power conferred by the Constitution of India, the President of India, after consultation with Chief Justice of India, is pleased to appoint the following chief justices and …

Supreme Court stays Himachal Pradesh High Court’s order on parliamentary secretary appointments

Trending News

4 months ago

Supreme Court stays Himachal Pradesh High Court’s order on parliamentary secretary appointments

India TV News

In a significant legal development, the Supreme Court has partially stayed the Himachal Pradesh High Court’s order, which had annulled the appointment of six parliamentary secretaries in the state. The Himachal Pradesh government had filed an appeal against the High Court's order, which had declared the appointments of the six parliamentary secretaries as illegal, ruling that these positions violated constitutional …

4 months, 1 week ago

Himachal Pradesh High Court Weekly Round-Up: November 11 To 17th, 2024

Live Law

Nominal Index: M/s Lakhwinder Singh Stone Crusher v. Union of India & ors 2024 LiveLaw 72 Satpal Singh Satti & others vs.State of Himachal Pradesh & others and connected matters 2024 LiveLaw 73 National Highway Authority of India Versus Rajesh Kaptyaksh and Ors 2024 LiveLaw 74 General Manager, Punjab Roadways Pathankot v. Excise & Taxation Commissioner-cum-Revisional Authority and ors 2024 …

4 months, 1 week ago

Himachal moves SC after HC quashes appointment of 6 parliamentary secretaries

New Indian Express

NEW DELHI: The Himachal Pradesh government has moved the Supreme Court seeking authorisation of the appointment of six parliamentary secretaries which was recently quashed by the high court for being “illegal and unconstitutional”. The Himachal Pradesh High Court had on November 13 quashed the appointment of six chief parliamentary secretaries by Chief Minister Sukhvinder Singh Sukhu-led government and declared the …

6 months, 2 weeks ago

High Court Chief Justice Cannot Individually Reconsider Judges' Appointment, Must Be Collectively Done By Collegium : Supreme Court

Live Law

While directing the Himachal Pradesh High Court Collegium to reconsider the elevation of two District Judges, the Supreme Court held that the Chief Justice of a High Court cannot individually reconsider a recommendation.The Court reiterated that the decision has to be taken collectively by the Collegium after deliberations. While directing the Himachal Pradesh High Court Collegium to reconsider the elevation …

7 months ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

9 months, 1 week ago

Himachal HC reserves judgment on plea challenging CPSes’ appointments

Hindustan Times

A division bench comprising justice Vivek Thakur and justice Bipin Chandra Negi on Thursday concluded the hearing on the petition challenging the appointment of chief parliamentary secretaries. Three separate petitions were filed challenging the legality and constitutionality of the appointments of chief parliamentary secretaries in the state. The court in its earlier orders has prohibited chief parliamentary secretaries from availing …

10 months, 1 week ago

HC orders continuation of secretariat pay for staff of 3 varsities

Hindustan Times

The Punjab and Haryana high court has quashed the Punjab government’s instructions of 2019, whereby two universities in the state, along with Panjab University, Chandigarh, were told to discontinue secretariat pay. The court recorded that a conscious decision was taken by the university to treat its employees at par with that of Punjab civil secretariat employees. It observed that for …

10 months, 2 weeks ago

Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High Court

Live Law

The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that mere plea of abandonment, if any, taken by the employer may not be sufficient to prove that workman abandoned the job. Feeling aggrieved, the Management approached the Himachal Pradesh High Court to challenge the decision of the Tribunal. Observations by the High Court: The High Court noted …

11 months ago

Himachal Pradesh High Court Raps Govt For Seeking Repeated Adjourments In Pleas Challenging Dy CM, CPS Appointments

Live Law

The Himachal Pradesh High Court has come down hard on the state government for its repeated requests for adjournments in a plea challenging the appointment of the Deputy Chief Minister and six Chief Parliamentary Secretaries. The bench expressed its displeasure when the Advocate General, who was supposed to represent the state government in court, expressed his inability to argue the …

1 year, 6 months ago

Himachal Pradesh High Court Weekly Roundup: September 4 - September 10, 2023

Live Law

Nominal Index: Sunita Sangroli Vs State of H.P. Himachal Pradesh High Court Stays Service Tax-Cum-Divisional Commissioner’s Order As GSTAT Not Constituted Case Title: M/s Vardhman Ispat Udyog Versus State of Himachal Pradesh and Ors. & Others Citation: 2023 LiveLaw 64 Reaffirming the importance of pension as a beneficial provision for government servants, the Himachal Pradesh High Court emphasised that any …

1 year, 6 months ago

Himachal Pradesh High Court Orders Recovery Of Interest On Delayed Pension Payment From Responsible Public Officers

Live Law

The Himachal Pradesh High Court has emphasised that public authorities must be held accountable for delays in fulfilling their duties, particularly regarding the prompt disbursement of retirement benefits to government employees. Justice Satyen Vaidya noted that these authorities hold public funds in trust and should not be allowed to waste public money through unjustified delays as it can significantly impact …

1 year, 7 months ago

Himachal Pradesh High Court Orders Attachment Of State Education Secretary's Salary For Non-Compliance Of 2020 Order

Live Law

The Himachal Pradesh High Court has ordered the attachment of the salary of State's Education Secretary for failure to implement an order passed back in January 2020. The direction was passed while hearing an execution petition filed by one Neel Kamal Singh, who superannuated from a privately run educational institution that was taken over by the state government. The court …

1 year, 10 months ago

Himachal Pradesh High Court Weekly Roundup: May 8 - May 14, 2023

Live Law

Nominal Index: Principal Secretary PWD Vs Mehr Chand 2023 LiveLaw 31 Reta Ram Vs Land Acquisition Collector 2023 LiveLaw 32 Vikas @Vicky Vs State of Himachal Pradesh 2023 LiveLaw 33 Jawahar Lal through LRs v. State of H.P. & Ors 2023 LiveLaw 34 Rakesh Kumar Kashyap Vs State Bank of India 2023 LiveLaw 35 Judgements/Orders: Land Acquisition Act | Market …

2 years, 6 months ago

Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court

Live Law

The Himachal Pradesh High Court has made it clear that in case a government employee requires transfer on account of individual hardship, such employee may approach the employer with his request. However, a recommendation made by a Member of Parliament on such employee's behalf cannot be sustained.The observation came from a Division Bench of Justice Tarlok Singh Chauhan and Justice. …

3 years ago

'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction

Live Law

A single bench of the Punjab and Haryana High Court has recommended departmental action against a Chief Judicial Magistrate for violating a High Court direction in a case.Observing that the Magistrate's action not only showed lack of understanding of fundamental principles of law but also reflected judicial indiscipline, Justice Manoj Bajaj referred the matter to the Chief Justice for. A …

3 years, 1 month ago

P&H High Court To Hear Challenge To Haryana's 75% Job Reservation For Locals Law On March 3, Centre Asked To File Reply

Live Law

The Punjab and Haryana High Court will hear a challenge to the Haryana law which provides 75% reservation for local people in private sector jobs having a monthly salary of less than Rs 30,000, on March 3.The Bench of Justice Ajay Tewari and Justice Pankaj Jain has also asked the Central Government to file its response to the bunch. The …

3 years, 1 month ago

SC sets aside Punjab & Haryana HC order on 75 pc quota in private sector jobs

Deccan Chronicle

New Delhi: The Supreme Court on Thursday set aside a Punjab and Haryana High Court order granting an interim stay on a Haryana law providing 75 per cent quota in private sector jobs for residents of the state. A bench of justices L Nageswara Rao and Pamidighantam Sri Narasimha also directed the Haryana government not to take coercive action against …

3 years, 1 month ago

Haryana's 75% job quota for locals to stay, Supreme Court stays aside Punjab & Haryana HC order

India TV News

Highlights Supreme Court sets aside Punjab & Haryana HC order on quota in pvt sector jobs for Haryana residents SC bench also directed the Haryana government not to take coercive action against employers Solicitor General Tushar Mehta appeared for the Haryana government Haryana job reservation: The Supreme Court on Thursday set aside a Punjab and Haryana High Court order staying …

3 years, 3 months ago

'Law Secretary Can't Discharge Quasi-Judicial Functions' : HP High Court Directs State To Constitute State Transport Appellate Tribunal Within A Month

Live Law

The Himachal Pradesh High Court has directed the State Government to constitute an independent State Transport Appellate Tribunal within a month as per Section 89 of the Motor Vehicles Act within a month.A bench comprising Chief Justice Mohammad Rafiq and Justice Sabina directed the State Government to notify the constitution of the Tribunal within one month and also provide the. …

3 years, 4 months ago

'How Can You Take The High Court So Lightly?': Karnataka HC Reprimands State Over Non-Appearance Of Summoned Officers

Live Law

Advocate General Prabhuling K Navadgi on Monday orally assured the Karnataka High court that a circular will be issued by the State government, ensuring that officers who have been summoned to appear before the court in a case, remain present before it. The other matter is a petition filed by the Karnataka State Legal Services Authority, wherein the Principal Secretary, …

3 years, 7 months ago

Judges' Association Moves Bombay High Court Over Residential Woes; CJ To Examine On Administrative Side

Live Law

Maharashtra State Judges Association has approached the Bombay High Court, highlighting the lack of infrastructure and the State Government's apathy regarding residential quarters for judicial officers of the subordinate judiciary. The petition seeks directions to set up a single-window portal to consider grievances of judicial officers, regarding electricity cuts without generator back-ups in different parts of the State and safety …

3 years, 7 months ago

COVID 19- Himachal Pradesh HC Seeks Response On Availability Of Medical Facilities In Every District; Number Of Doctors & Paramedical Staff

Live Law

The Himachal Pradesh High Court has sought response of District Commissioners of all districts in the State to furnish details on the availability of medical facilities in every district and also on the number of doctors and paramedical staff posted in the districts.A division bench comprising of Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewal Dua gave one week's …

6 years, 1 month ago

High Court Cannot Rewrite Terms Of State's Compassionate Appointment Policy: SC [Read Judgment]

Live Law

The Supreme Court has observed that a High Court, in the exercise of judicial review under Article 226 of the Constitution, cannot re-write the terms of the compassionate appointment policy formulated by the state. The bench comprising Justice Dhananjaya Y Chandrachud and Justice Hemant Gupta was considering state's appeal against the Himachal Pradesh High Court judgment which held the State …

8 years, 8 months ago

HC employees’ pay revision demands ‘reasonable’ and ‘justified’: Calcutta HC [Read Judgment]

Live Law

A vibrant judiciary can only perform to its optimum level if the employees who assist in the administration of justice are not dissatisfied, the Bench said.Calcutta High Court has observed that the demands of High Court employees seeking implementation of recommendations of the Special Pay Commission, is ‘reasonable’ and ‘justified’.The Division Bench of Calcutta High Court dismissed. Calcutta High Court …

8 years, 8 months ago

HC employees’ pay revision demands ‘reasonable’ and ‘justified’: Calcutta HC [Read Judgment]

Live Law

10 years ago

HP High Court directs state government to implement Shetty Commission report within 2 weeks

Live Law

The First National Judicial Commission, known as Shetty Commission may be implemented in the State of Himachal Pradesh soon as the High Court on Monday directed the State government to implement it within two weeks for the employees of subordinate courts.The Division Bench consisting of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan also acted on a contempt …

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