In this post we will discuss an order by The Himachal Pradesh high court in which they have reprimanded the state for its sluggish approach in dealing with employees’ service matters, leading to unnecessary litigation
HC raps Himachal Pradesh for dithering on employees’ service matters
Recently in an order by The Himachal Pradesh high court , they have reprimanded the state for its sluggish approach in dealing with employees’ service matters, leading to unnecessary litigation. The court has also asked to the state to frame and adopt a transparent and elaborate policy which can avoid unnecessary litigation.
When coming to why and order was passed and some facts about the petition, This order was passed by the HC while allowing the writ petitions of petitioners initially who was engaged as daily-wage workers in the forest department.
The petitioners had sought regularization of their services on completion of eight years, counting their service from 1996-1997, ignoring the period of fictional breaks given by department during 2001 and 2002.
According to the reports, petitioners, persons similarly situated as them have been regularized consequent to judgments dated June 2, 2009 and June 15, 2009 passed by the HC.
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The honorable courts spoke up in this matter and Mindfully said, The court observed that the respondent department, while accepting the verdict of the court in case of two similarly situated employees, is not extending the same benefit to others but is compelling them to move court unnecessarily. This, the court observed, caused avoidable litigation, loss of time, energy and funds for the petitioners, government and the court.
The court also observed that the state, being a model employer, should not sit on the claims of similarly situated employees. It said law officers have not been appointed to increase unwarranted litigation but to reduce it.
The court said it appears that no one dares to bear the responsibility of taking decisions and the court’s verdict in every matter is being considered the safest mode of settling disputes between employees and state. The court has directed the forest department to extend all consequential benefit to petitioners on or before October 31, 2020.
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This post was written by Bharti Verma.
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