Once CJ Grants Extension Of Service To His Employee, He Is Entitled To Benefits & Annual Increment: Himachal Pradesh High Court

The Himachal Pradesh High Court held that once the Chief Justice (CJ) grants extension of service to his employee, he is entitled to all benefits and the annual increment.

The Court held thus in a Writ Petition seeking grant of annual increment with effect from November 1, 2022, with all consequential benefits.

A Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj observed, “Once the powers as such under Article 229 of the Constitution of India have been exercised by the then Chief Justice, we are of the considered opinion that the petitioner was entitled to all the benefits and therefore, would also be entitled for the annual increment.”

The Bench said that once the CJ deemed it fit as such while exercising powers under Article 229 of the Constitution of India, who required the services of the employee in exceptional circumstances, it was not for the Establishment again to raise the query as such.

Prem Chand Verma appeared as Petitioner in person, while Deputy Advocate Arsh Rattan and Advocate Nitin Thakur appeared for the Respondents.

Brief Facts

The Petitioner submitted that he was granted extension in service in public interest vide an Order dated August 25, 2022 by the then CJ, while exercising the powers under Article 229 of the Constitution for a period of one year, since he was due to retire on August 31, 2022. The said Order specified that the benefits of scale, pay, special pay and grade pay which were held by him at the time of superannuation, were also to be admissible with all consequential benefits.

The State vide its communication addressed to the Registrar General in March 2023, stood by its earlier communication and clarified that the Finance Department’s instructions dated June 23, 2015 would cover the matter and that an employee during the period of extension in service beyond the superannuation date would not be entitled for the benefit of increment. Being aggrieved, the Petitioner was before the High Court.

Reasoning

The High Court in view of the above facts, noted, “Once the Handbook on Personnel Matters, Vol-II itself prescribes that for the period of extension in service, the benefit of increment has to be granted, the Handbook would prevail over the instructions dated 23.06.2015.”

The Court was of the view that the Writ Petition is liable to be allowed keeping in view the settled principles of law.

“The above said provisions would go on to show that extension and re-employment in service and is granted only in exceptional circumstances, as per Clause 22.3”, it said.

Accordingly, the High Court allowed the Writ Petition and directed the Respondents to grant the benefit of the annual increment to the Petitioner within four weeks, with all consequential benefits.

Cause Title- Prem Chand Verma v. State of Himachal Pradesh & Another (Neutral Citation: 2025:HHC:39224)

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