Shimla: The Himachal Pradesh government has issued fresh directions to all administrative departments following the Himachal Pradesh High Court’s decision to strike down the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, and the subsequent dismissal of the state government’s appeal by the Supreme Court.
Under the new directives issued by Principal Secretary (Personnel) Sudha Devi on August 18, 2026, making it clear that cases arising from the court judgments, including those related to the Taj Mohammad case, will now be examined and decided at the level of the concerned administrative department.
Under the new directions, no field-level officer will be allowed to take an independent decision in such matters without approval from the concerned administrative department.
According to the Personnel Department’s order, the High Court had struck down the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, in its judgment dated April 25, 2026, in CWP No. 3361 of 2025, Devinder Kumar and Others versus State of Himachal Pradesh and Another, along with connected cases.
The state government had challenged the High Court’s decision before the Supreme Court. However, the Supreme Court dismissed SLP No. 24885/2026 on July 29, 2026.
Directions also cover Taj Mohammad case-related matters
The government said the Devinder Kumar case is connected with the former Himachal Pradesh Administrative Tribunal’s Lekh Ram case (O.A. No. 3337 of 2016, dated May 25, 2017) and the High Court Division Bench’s Taj Mohammad case (CWP No. 2004 of 2017, dated August 3, 2023).
The court decisions dealt with issues concerning service benefits of employees appointed on a contractual basis, regularisation and counting of the contractual period for service benefits.
The government said the legal position in the Taj Mohammad case, connected matters and related issues was discussed with the Advocate General of the state. It was subsequently decided that all orders and decisions passed in different departments on the basis of the Taj Mohammad judgment and related matters would be examined and decided at the level of the concerned administrative department.
Field officers barred from taking decisions without approval
One of the key directions states that no field-level officer will take a decision in such cases without the approval of the concerned administrative department.
The Personnel Department has directed all concerned officials, including Drawing and Disbursing Officers (DDOs), to be informed about the instructions and ensure strict compliance.
The order has also been sent to all administrative secretaries, divisional commissioners, deputy commissioners and heads of departments. It has further been issued to the chairpersons, managing directors and secretaries of public sector undertakings, corporations and boards in Himachal Pradesh, as well as registrars of universities.
The government has also noted that following the Supreme Court proceedings, the state has been directed to release financial and other benefits to employees within four months.
The latest order seeks to establish a clear departmental-level process for dealing with service matters arising from the Taj Mohammad case and other connected cases.
