The Himachal Pradesh High Court has directed the state government to ensure that government employees posted in tribal, hard, and rural areas but actually serving on deputation at easier stations do not continue to derive transfer and posting benefits from their original postings. The court has ordered stricter maintenance of service records to accurately reflect periods spent on deputation, addressing anomalies that undermine the objective of staffing difficult areas.
Division Bench Orders
A division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi has directed the state government to amend the chief secretary's January 5 instructions in line with earlier instructions issued on May 1, 1999, and fix accountability on drawing and disbursing officers (DDOs). The amended instructions must require DDOs to certify on salary bills that employees actually worked at the station mentioned in the bill during the relevant month. Salary bills lacking such certification shall not be passed, and any violation would render the concerned DDOs and treasury officers liable to disciplinary action.
Petition and Findings
The order came while disposing of a public interest litigation seeking directions to the state government to post employees adjusted at headquarters, soft stations, the secretariat, and directorates against the posts they actually occupy in tribal, hard, and rural areas, so that residents of these regions are not deprived of government services. The court found that 86 employees in the education department and 123 in the health department had been posted or deputed away from their original postings in hard and remote areas. The bench sought clarification on whether these periods of deputation were being reflected in employees' service records and considered during future transfers.
Anomaly in Service Records
During further proceedings, it emerged that the period spent on deputation was not being recorded in service books, and employees continued to receive transfer-related benefits linked to their original postings in hard or remote areas. The bench observed this created an anomaly, allowing officials posted in difficult areas but working elsewhere on deputation to claim benefits associated with the original posting or hard areas.
Next Hearing
The court has now posted the matter for July 30 solely for the purpose that the state government will file a compliance report after modifying the January 5 instructions issued by the chief secretary.
The petitioner had sought directions to prevent employees from drawing salaries against posts located in tribal, hard, and rural areas while actually serving elsewhere in peace stations. Action was also sought against DDOs and treasury officers who allegedly permitted salary withdrawals without certifying that employees had worked at the stations shown in salary bills.
