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Appointment in courts: Sovereign functions cannot be allowed to run on ad hoc basis, HC tells Himachal govt
The HC also pulled up the state government for “absolute stonewalling” in matters relating to the creation of courts, staff appointments, funds, vehicles, stipends and infrastructure essential for the judiciary’s functioning
Himachal Pradesh high court came down heavily on state government for continuing with adhoc and contractual appointments in courts, saying that “Sovereign functions cannot be allowed to run on ad hoc basis”.
“Sovereign functions cannot be allowed to run on ad hoc basis,” said the division bench of chief Justice GS Sandhawalia and justice Jiya Lal Bhardwaj during the resumed hearing of the matter related to the adhoc and contractual appointments in courts, despite the Supreme Court recently directing the state “not to take recourse to employing personnel on daily wage basis.”
“In spite of this, the state has chosen to make appointments or to make the provisions on daily wage basis, which is in the teeth of the Supreme Court order and amounts to contempt,” cautioned the division bench.
The HC also pulled up the state government for “absolute stonewalling” in matters relating to the creation of courts, staff appointments, funds, vehicles, stipends and infrastructure essential for the judiciary’s functioning.
The HC clarified that they have “already taken a decision that all its employees and at district level, as such, will only be appointed on regular basis and, therefore, it is expected that the state shall also provide similar facilities at the district level as sovereign functions cannot be allowed to run on ad hoc basis, as the state wishes to, on daily wage/contract basis/outsource basis.”
“The said persons are a support system to the courts and there has to be a direct control over the said persons under the relevant rules and, therefore, there has to be a responsibility, which has to be fixed and it cannot be expected from the contractual employees to have the same kind of responsibility. Even otherwise, the contractual employees are paid pittance in comparison to regular employees and neither the responsibility of such contractual employees can be countenanced and depended upon by the courts,” read the HC order.
Taking on the state on delay in setting up courts and providing adequate staff, the HC said, “... facts would go on to show that there is an absolute stonewalling of any request made by this court on account of the finance department,” while directing the finance department to file an affidavit as to what proposals were received from this court for setting up the infrastructures and which of the proposals have seen a green signal and how many proposals have been declined for the last two (2) years since he had charge of this department.
The high court directed the state to ensure the issuance of necessary notifications for providing supporting staff for the five courts of additional district and sessions judges and five courts of civil judges on regular basis, including the posts of judgment writers. The HC also directed state to take steps for creation of balance three posts of additional district and sessions judges and 34 posts of civil judges.
The state has also been directed to issue appropriate notification enhancing the stipend of law Interns from ₹.25,000 to ₹40,000 keeping in view the fact that law interns in HC of Delhi and Punjab and Haryana are getting ₹80,000. Posts be also increased as per the requisite number of sanctioned strength of this Court which is 17.
“Infrastructure which is to be given for running of permanent Lok Adalat be also made available keeping in view of request which has been received from the HP State Legal Services Authority and needful steps be also taken for the creation of the Courts,” ruled HC.
The case now comes up for hearing on December 8, 2025.
