Shimla - In a significant decision, the High Court of Himachal Pradesh has declared that the state government cannot use contractual appointments as a means to deprive employees of their rightful benefits.

 The ruling, delivered by a Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi, emphasized that the government should not act as an exploitative employer under the guise of Rules and Procedures (R & P Rules).

The case revolved around petitioners who were appointed as Tehsil Welfare Officers in the Department of Social Justice and Empowerment by the Government of Himachal Pradesh in May 2010, albeit on a contractual basis.

These employees had been seeking the inclusion of their contract service duration when calculating annual increments, seniority, and pensionary benefits from the date of their initial appointment.

The High Court, after a thorough examination, found no justifiable reasons on record for not offering regular appointments to these individuals from the outset.

It was noted that the government's reliance on contractual appointments seemed to be a tactic to evade the payment of salaries associated with permanent positions while denying employees their rightful benefits.

The Court expressed its concern over the arbitrary actions and omissions of the state government, which it deemed to be in violation of the Indian Constitution's mandates.

In its verdict, the Court ruled in favor of the petitioners, asserting that their services should be counted from the date of their initial appointment on a contract basis for the purposes of determining seniority and all related benefits, including annual increments and pensionary benefits.

Furthermore, the Court has directed the respondents to ensure that all consequential benefits are extended to the petitioners by December 31, 2023.