The Himachal Pradesh High Court has struck down the re-employment of the Director of Animal Husbandry, ruling that the state government’s decision to extend his tenure after retirement was unlawful.
The court directed the government to convene a fresh Departmental Promotion Committee (DPC) to consider eligible candidates for the post. This verdict comes as a setback to the government’s ongoing practice of re-employing retired officials, which has drawn criticism for sidelining eligible candidates.
A division bench comprising Justice Tarlok Singh Chauhan and Justice Sushil Kukreja passed the order on Tuesday, stating that petitioner Vishal Sharma was unfairly denied the opportunity for promotion. The court ruled that Sharma’s case, along with other eligible candidates, must be considered in the DPC to be held by the government.
Dr. Pradeep Kumar Sharma, the retired Director of Animal Husbandry, superannuated on December 31, 2024. However, following a recommendation from the Minister for Agriculture and Animal Husbandry, he was granted re-employment to the same post on January 2.
The minister’s representation described Sharma as a hardworking officer who was well-versed in departmental activities and had handled responsibilities efficiently. Citing "larger public interest," the minister advocated for an extension of at least one year.
Based on this recommendation, the competent authority approved a six-month re-employment period via a notification issued on January 2, 2025. Sharma defended his re-employment by asserting that his outstanding career justified the extension.
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The High Court, however, ruled that the state government must adhere to its own regulations regarding re-employment. It emphasised that such extensions should only be granted in extraordinary circumstances and in the genuine interest of the public.
The bench criticised the government for failing to assess whether other eligible candidates were available for the position, stating that decisions on re-employment should not be driven by private or political interests.
The court further noted that the only basis for Sharma’s extension was the minister’s recommendation, which was subsequently approved by the Chief Minister. It observed that the department had not even processed the file before the re-employment was sanctioned.
The judges expressed concern that the state’s approach tilted administrative decisions in favor of individual interests rather than public welfare.
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In its ruling, the bench stressed that administrative orders must prioritize the greater public good. The judges reiterated that service extensions or re-employments should be granted only in exceptional cases, not as a matter of routine favouritism.
The court described this particular case as an instance of the "spoil system," where positions are handed out based on political influence rather than merit. It held that a recommendation from an elected representative alone does not justify re-employment unless there is a recorded, valid reason for the extension.
The verdict also sheds light on a broader issue within the state’s administration. The current Himachal Pradesh government has been criticized for frequently granting service extensions and re-employing retired officers, often reinstating them in the same roles they previously held.
This practice, especially when it involves high-ranking positions like department heads, has sparked dissatisfaction among government employees who see it as an unfair advantage given to retirees at the expense of deserving officers awaiting promotion.
With this ruling, the High Court has set a strong precedent against arbitrary re-employments, reinforcing the need for fair and merit-based administrative decisions in Himachal Pradesh.
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