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( 2026:HHC:22750 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPIL No.31 of 2024
Date of Decision:- 15.06.2026
Vipin Kumar Guleria
....Petitioner
Versus
State of Himachal Pradesh & others
....Respondents
Coram
The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice
The Hon’ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Petitioner
:
Mr. R.L. Chaudhary and Mr. H.R.
Sidhu, Advocates.
For the Respondents
:
Mr. Gobind Korla, Additional
Advocate General.
G.S. Sandhawalia, Chief Justice (Oral).
The present Public Interest Litigation (PIL) has been
filed under Article 226 of the Constitution of India for seeking
directions to the respondent authorities not to withdraw the
salaries of any employees in violation of Government decisions
dated 01.05.1999, 27.07.2000, 01.12.2005 and 02.06.2010
(Annexure P-1 to P-4).
2.
The relief sought is basically only on account of the
fact that the respondent-State posts all adjusted employees of all
the departments from headquarters, soft stations, Secretariat and
1
Whether reporters of Local Papers may be allowed to see the judgment?
2
Directorates against the posts qua, which they have been
deployed in the tribal, hard, difficult and rural areas, so that the
people of these areas may not be deprived from the services of
the Government.
3.
Resultantly, prayer No.(iii) is sought to take action
against all the DDOs and Treasury Officers and effect recoveries
from them, who have withdrawn the salaries of the employees
without making endorsement that the employees have actually
worked against the said posts in the said area for the said month,
in violation of the aforesaid Government decisions (Annexure P1 to P-4).
4.
On 24.04.2025, while noticing the replies filed and
the affidavits filed by the Director Health Services, Himachal
Pradesh, Shimla and the affidavit filed by the Secretary
(Education) to the Government of Himachal Pradesh, Shimla, it
was found that there was an admission that the incumbents are
allowed to be posted/adjusted in the other Institutions against the
higher or equivalent posts without making any unauthorized
drawl of their salary from the vacant posts of the hard, tribal or
difficult areas. The teachers or their dependents suffering from
one or other severe medical problems were also being
temporarily deputed near to the place where proper medical
3
facilities are available, on the approval of the competent
authority. They were being allowed to be posted/adjusted in the
other institutions on the ground of adverse circumstances of the
concerned employee. We found that the affidavits did not give
the
details/number
of
such
officials
who
have
been
posted/adjusted in the other institutions. Resultantly, we directed
that the comprehensive affidavits be filed by both the Secretaries
regarding their Departments by giving details of such persons as
such who have been posted/adjusted and are not working at their
designated place of posting but in the other Institutions and are
drawing salary from other places.
The affidavits were required
to give the details of period from when such officials have been
deputed in the place other than in the place of their postings.
5.
persons
Vide order dated 18.08.2025, it was noticed that 86
from
the
Education
Department
have
been
posted/deputed at different places other than their official places
of posting and from the Health Department, there were 123
persons who are also placed in similar circumstances.
The
necessary officials were asked to file supplementary affidavits as
to whether the period of stay at the place of deputation was being
reflected in the service record for the purpose of further transfer
and whether the employees, can still claim for the benefits of
4
transfer at the places they are posted, after the period of their
deputation while relying upon their original place of posting.
6.
Vide order dated 26.11.2025, it transpired that the
period of deputation as such was not being reflected in the
service book record for the purpose of further transfers and was
being counted at the original place of posting. It was thus noticed
that an official who was earlier posted at Shimla and then posted
in hard, difficult, tribal and rural areas, but now deputed again at
Shimla, would continue to get the benefits of the hard, difficult,
tribal and rural areas posting for the subsequent transfer also on
account
of
the
record
not
being
correctly
maintained.
Resultantly, we directed that the said order be brought to the
notice of the Chief Secretary to the Government of Himachal
Pradesh for issuing necessary instructions at the Government
level.
7.
The necessary instructions dated 05.01.2026 has
now been placed on record, whereas the Chief Secretary to the
Government of Himachal Pradesh as such had made efforts to
rectify the said anomaly and directed that the entire period of
deputation/deployment
alongwith
the
place
of
deputation/deployment and duration thereof, shall invariably be
recorded in the Service Book of the concerned officer/official.
5
Thus, the period spent on deputation/deployment shall be
reckoned separately and distinctly from the period of stay at the
parent place of posting for all
purposes,
including future
transfers and admissibility of posting-related benefits. Clause 6 of
the said instructions dated 05.01.2026, specifically provided that
these instructions be brought to the notice of all concerned for
strict compliance and violation of the above shall attract action
against the erring officers(s)/official(s).
8.
Counsel for the petitioner has pointed out from the
first instruction dated 01.05.1999 (Annexure P-1) that the
accountability as such had been fixed on the Drawing and
Disbursing Officer to record a certificate on the salary bill to the
effect that the officials have actually worked at the station shown
in the bill during the month for which the salary is being claimed
and a bill without this certificate shall not be passed and the
concerned Drawing and Disbursing Officer and Treasury Officers
shall be liable for disciplinary action.
It is submitted that the
instructions dated 05.01.2026 of the Chief Secretary to the
Government of Himachal Pradesh as such does not stress the
said issue.
9.
Faced
with
this
situation,
counsel
for
the
respondents-State submits that necessary instructions will be
6
issued incorporating the said provisions in the instructions dated
05.01.2026. We further direct that the term “invariably” in Clause
to be recorded in the service book record need not be mentioned
and the factum regarding the deployment & deputation in the
other place of posting rather than the present place of posting
has necessarily have to be made in the service book record.
10.
Accordingly, we dispose of the present Public
Interest Litigation (PIL) having served its purpose. However, the
respondents-State shall file the necessary compliance report,
supplementing and modifying the instructions dated 05.01.2026
issued by the Chief Secretary to the Government of Himachal
Pradesh as noticed above. Pending miscellaneous application(s),
if any, shall stand disposed of.
11.
Compliance report be filed by the respondents-State
within a period of six weeks from today. Office to list the matter
only for the said purpose on 30.07.2026.
(G.S. Sandhawalia)
Chief Justice
(Bipin Chander Negi)
Judge
15th June, 2026
(Munish Thakur)
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