Himachal Pradesh High Court
Madan Lal Sharma And Others vs Anuradha Thakur on 6 November, 2017
Bench: Sanjay Karol, Ajay Mohan Goel
HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
COPC No. 186/2017Date of decision: November 6, 2017 .
Madan Lal Sharma and Others .....Petitioners Versus Anuradha Thakur, Principal Secy. (Social Justice & Empowerment, Language, Art & Culture, Irrigation & Public Health) ....Contemnor/Respondent Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No For the petitioners : Mr. Prashant Sharma, Advocate vice Mr. Rajiv Jiwan, Advocate For the contemnor/ respondent : Mr. Shrawan Dogra, Advocate General with Mr. M. A. Khan, Addl. A.G. Sanjay Karol, Acting Chief Justice. (Oral) Mr. M. A. Khan, learned Additional Advocate General has placed on record communication dated 9th October, 2017, which reads as under:-
"File No.LCD-E(1)/2017 Government of Himachal Pradesh, Language, Art & Culture Department.
To
The Advocate General,
High Court of Himachal Pradesh,
Shimla-01
Dated Shimla-2 9th October, 2017
1
Whether the reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 14/11/2017 18:25:35 :::HCHP 2
Subject: COPC 186/2017- titled as Madan Lal Sharma & others Vs Anuradha Thakur & Others Sir, .
I am directed to refer to your letter No.COPC 186/2017- 30582 dated 22.9.2017, vide which the Principal Secretary (LAC) was directed to comply with the judgment dated 26.9.16 in CWP No.73/2016 within a period of two weeks. As per the judgment dated 26.9.16, the respondents are directed to pass consideration order within a period of three months from today, after hearing the parties.
In this regard, it is submitted that the Act governing all temples in HP i.e. Himachal Pradesh Hindu Public Religious Institutions & Charitable Endowments Act, 1984 is being amended for better Administration and facilities to the pilgrim. Amendment to the Act was started in the month of June 2017. Some of the amendments were proposed as:-
1. Earlier Recruitment & Promotion Rules were notified from the o/o the Chief Commissioner (Temple). Since all temples were having different Recruitment & Promotion Rules, now powers are being given to Commissioner (Temple)-cum-Deputy Commissioners to notify the Recruitment & Promotion Rules of Temples under their control.
2. There was no role of Director (LAC) in the provisions of existing Act. Now Director (LAC) has been designated as Additional Chief Commissioner (Temple).
3. Earlier the Divisional Commissioner was designated as Financial Commissioner substituted with the Chief Commissioner (Temple).
The existing provision w.r.t. R&P rules in the Act is as follows: "The Government may, from time to time, appoint other officers and staff to assist the Commissioner as if may deem fit and the ::: Downloaded on - 14/11/2017 18:25:35 :::HCHP 3 conditions of service of officers appointed shall be such as may be determined by the Government. The Recruitment & Promotion Rules and other conditions of service of the temple trusts .
employees shall be such as may be notified by the Chief Commissioner (Temple)."
and the proposed provision is as under:-
"The Government may, from time to time, appoint other officers and staff to assist the Commissioner (Temple) as if may deem fit. The Recruitment and Promotion Rules and other conditions of service for the employees of each Temple Trust shall be such as may be approved by the Chief Commissioner (Temple).
Provided that the emoluments and other monetary benefits payable to the employees of Temple Trust and for this purpose the Government may classify the temples into two or more categories based on their resources. The Government, may, if deemed fit, approve general rules to be followed regarding the terms of service of Temple Trust employees and that would deed to be incorporated in each Recruitment and Promotion Rules of the Temple Trusts of the State under this Act."
After taking approval of all advisory Departments i.e. Finance, Personal and Law, the amendment Bill was prepared and introduced in the monsoon session of Vidhan Sabha in Aug. 2017. However, the bill could not be passed in the Vidhan Sabha and is still pending in H.P. Vidhan Sabha. Looking at the urgency and importance of the matter, an Ordinance was proposed to be promulgated. For the same, the matter was again referred to Law Department. After seeking approval of the Law Department and subsequently approval of the State Cabinet, the matter was submitted to His Excellency the Governor of Himachal Pradesh.
His Excellency the Governor of Himachal Pradesh has given his assent to promulgate the ordinance which is now lying pending ::: Downloaded on - 14/11/2017 18:25:35 :::HCHP 4 with the Law Deptt. and shall soon be promulgated. As and when the Ordinance is notified the R&P Rules shall further be notified by the concerned Commissioner (Temples)-cum-Deputy Commissioners .
and further necessary action will be taken in the matter as per the new provisions.
Yours faithfully, Sd/-
(Naresh Kumar) Joint Secretary (LAC) to the Government of Himachal Pradesh"
2. We are of the considered view that directions contained in judgment dated 26.09.2016 passed in CWP No.73/2016 titled as Madan Sharma & Others Vs. State of H.P. & Others, which actually is order of consideration, stand complied with.
3. As such, we dispose of the present petition, reserving liberty to the petitioners to independently assail the order, if need so arises subsequently.
(Sanjay Karol),
Acting Chief Justice
6th November, 2017 (Ajay Mohan Goel),
(rana) Judge.
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