Himachal Pradesh High Court
Himachal Pradesh State Cooperative vs . State Of Hp & Others on 2 April, 2025
Bench: Tarlok Singh Chauhan, Sushil Kukreja
Himachal Pradesh State Cooperative Vs. State of HP & others Bank Employees Union CWP No.4754 of 2025 02.04.2025 Present: Dr. Lalit Kumar Sharma, Advocate, for the petitioner.
Mr. I.N. Mehta, Senior Additional Advocate General with Mr. Ramakant Sharma, Ms. Sharmila Patial, Mr.Sushant Kaprate, Additional Advocates General and Mr. Raj Negi, Deputy Advocate General, for respondents No.1 & 2/State.
Mr. Raman Jamalta, Advocate, for respondent No.3. Prima facie, we are of the considered view that this petition is totally misconceived in view of the law laid down by the Hon'ble Supreme Court in P.U.Joshi and others Vs. Accountant General, Ahmedabad & others alongwith connected matter, (2003) 2 SCC 632, more particularly, para-10 thereof, which reads as under:-
"10. We have carefully considered the submissions made on behalf of both parties. Questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of Policy and within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India and it is not for the Statutory Tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State. Similarly, it is well open and within the competency of the State to change the rules relating to a service and alter or amend and vary by addition/substraction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service, as may be required from time to time by abolishing existing cadres/posts and creating new cadres/posts. There is no right in any employee of the State to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a Government servant has no right to challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service."
The petitioner to justify the maintainability of this petition.
List on 23.04.2025.
( Tarlok Singh Chauhan )
Judge
( Sushil Kukreja )
April 02, 2025 Judge
(VH)