State can’t act as exploitative master: Himachal HC on plea for service benefits

The petitioners, who had been appointed on contract basis as tehsil welfare officers in the department of social justice and empowerment, Government of Himachal Pradesh, in May 2010, had sought that their contract period should be taken into account for the purpose of deciding their annual increment, seniority and pension benefits

The state cannot be permitted to act as an exploitative master by providing contractual appointment at the initial stage and depriving the appointees of the service benefits, observed the High Court of Himachal Pradesh while ruling in favour of a few employees who moved a petition, seeking that their joining date should be considered from the day their contract period started.

The High Court of Himachal Pradesh found there was no justifiable or plausible reason available on record for not offering regular appointment at initial stage. (HT File)

The petitioners, who had been appointed on contract basis as tehsil welfare officers in the department of social justice and empowerment, Government of Himachal Pradesh, in May 2010, had sought that their contract period should be taken into account for the purpose of deciding their annual increment, seniority and pension benefits.

The division bench, comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi, found there was no justifiable or plausible reason available on record for not offering regular appointment at initial stage. It appears that in order to avoid its liability to pay salary attached to the post and to deprive the employees of their lawful service benefits, an exploitative policy of contract appointment has been and is being adopted and practiced, the bench observed.

It further held that it is not expected from the state to deprive the employees of their lawful and just benefits emanating from the services rendered by them.

The court ruled that the petitioners are entitled for their joining date to be counted from the date of initial appointment on contract basis for the purpose of seniority and all consequential benefits, such as annual increments and pensioners benefits.

The court further directed the respondents to extend all consequential benefits to the petitioners on or before December 31, 2023.