The High Court held that after the government’s withdrawal of the impugned office order that discontinued service benefits, restoration and extension of those benefits—on the same analogy as previously decided cases—must be ensured. This judgment upholds earlier precedents, confirming that such administrative withdrawals mandate compliance with court-directed analogies, and serves as binding authority for subordinate courts and administrative authorities in service matters involving retrospective withdrawal of benefits.
Summary
| Category | Data |
|---|---|
| Case Name | CWP/5992/2025 of RAJEEV BHUSHAN Vs THE STATE OF HP AND OTHERS |
| CNR | HPHC010189972025 |
| Date of Registration | 10-04-2025 |
| Decision Date | 27-10-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | HON’BLE MR. JUSTICE VIVEK SINGH THAKUR, HON’BLE MR. JUSTICE ROMESH VERMA |
| Court | High Court of Himachal Pradesh |
| Bench | Division Bench: Vivek Singh Thakur, J. & Romesh Verma, J. |
| Precedent Value | Binding within Himachal Pradesh; strong persuasive value elsewhere in similar service jurisprudence |
| Overrules / Affirms |
|
| Type of Law | Service Law / Administrative Law (Withdrawal/restoration of service benefits following legislative and executive action) |
| Questions of Law | Whether, upon withdrawal of an executive order discontinuing service benefits post-enactment of new service legislation, the previously granted benefits must be restored, as per analogies of prior judicial determinations. |
| Ratio Decidendi |
The Court held that since the impugned Office Order dated 28.03.2025 (which had withdrawn service benefits) was subsequently declared infructuous and withdrawn by the government, the grievance of the petitioners stood resolved. After withdrawal, authorities must restore already granted benefits and extend the same to similarly situated persons in line with analogies drawn from prior decided cases. Directions for compliance were issued, requiring restoration/extension of benefits by 30th November, 2025. Other legal issues in the petitions remain open for future adjudication. |
| Judgments Relied Upon |
|
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Judgments accepted by the state over a decade ago concerning deemed regularisation not being reopened under the 2024 Act; directions from Advocate General’s advice and connected compliance correspondence. |
| Facts as Summarised by the Court | Petitioners challenged Office Order dated 28.3.2025, which, after the Himachal Pradesh Recruitment and Conditions of Government Employees Act, 2024, withdrew previously granted service benefits. The order was subsequently withdrawn by Office Order dated 23.08.2025 after legal clarifications and government examination, restoring the earlier situation. Petitioners’ grievances thus became infructuous, and the Court directed timely restoration/extension of benefits. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and authorities within Himachal Pradesh dealing with service benefit withdrawals in light of administrative reversal and judicial precedents. |
| Persuasive For | Other High Courts and administrative tribunals in service matters involving retrospective withdrawal and restoration of benefits. |
| Follows |
|
What’s New / What Lawyers Should Note
- Reiterates that once an administrative order (withdrawing service benefits) is itself withdrawn, restoration of benefits must follow on the same footing as previously decided analogous cases.
- The decision confirms that government cannot reopen matters concerning deemed regularisation already settled and accepted more than a decade ago, even under new legislative frameworks.
- Sets a clear compliance deadline for restoring/expanding service benefits as per judicial directions and government orders.
- Leaves other claims within the petitions open to future legal challenge, providing a clear procedural roadmap for aggrieved employees.
Summary of Legal Reasoning
- The Court took note that the primary grievance in all petitions was the withdrawal of previously extended service benefits by Office Order dated 28.03.2025, following the Himachal Pradesh Recruitment and Conditions of Government Employees Act, 2024.
- The government later withdrew the impugned order via subsequent Office Order dated 23.08.2025, explaining that judgments regarding deemed regularisation not covered by the 2024 Act remained undisturbed, as per state acceptance of such orders in the past.
- The clarification from the Advocate General and the government’s letter mandated that previous judicial analogies (especially Kuldeep Chand and Om Prakash) be applied to implement restoration of service benefits.
- The Court accepted the petitioners’ submission that their grievance had become infructuous following this withdrawal and agreed that only a direction for timely restoration and extension of benefits was now needed.
- The Court issued explicit directions for restoration of withdrawn benefits to the petitioners and all similarly situated employees by 30th November, 2025.
- Other issues or claims not related to the impugned office order’s withdrawal were expressly left open for future legal proceedings.
Arguments by the Parties
Petitioner
- Challenged withdrawal of service benefits by Office Order dated 28.03.2025.
- Sought restoration and extension of benefits, particularly as earlier judgments had granted such benefits on analogous facts.
Respondent (State)
- Following further legal and governmental examination, submitted that the impugned order had been made infructuous and withdrawn.
Factual Background
The case arose after the enactment of the Himachal Pradesh Recruitment and Conditions of Government Employees Act, 2024. An Office Order dated 28.03.2025 withdrew certain service benefits that had already been granted to the petitioners or rejected similar claims of others. The petitioners challenged this action. Subsequently, the Directorate of School Education and the Government of Himachal Pradesh reviewed legal advice and correspondence and withdrew the impugned order via a new Office Order dated 23.08.2025, clarifying that earlier analogies from decided cases still governed eligibility for benefits.
Statutory Analysis
- Himachal Pradesh Recruitment and Conditions of Government Employees Act, 2024: The government and Advocate General clarified that the Act does not disturb judgments on deemed regularisation already accepted over a decade earlier.
- Administrative Office Orders: The office orders in question, particularly dated 28.03.2025, 23.08.2025, and 27.08.2025, governed the withdrawal and restoration of service benefits, interpreted and applied as directed by higher judicial analogy.
Alert Indicators
- ✔ Precedent Followed – Existing law and previous judicial analogies on restoration of service benefits were expressly affirmed and applied.