BHOPINDER SINGH AND OTHERS v. THE STATE OF HP AND OTHERS
CWP/3151/2025 · 2025-08-01
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28020 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28020 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:25969 )
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 3151/2025
Decided on: 1.8.2025
Bhopinder Singh & ors.
…..Petitioners
Versus
State of H.P. & ors.
....Respondents
Coram: The Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?1 For the Petitioners: Mr. Y.K. Thakur, Mr. Bhanu Verma & Mr. Ritik Prashar, Advocates. For the Respondents: Mr. Anup Rattan, A.G. with Mr. Rajan Kahol, Mr. Vishal Panwar, Mr. B. C. Verma, Addl. A.Gs. and Mr. Ravi Chauhan, Dy. A.Gs. ____________________________________________________________
Justice Sandeep Sharma, Judge (oral)
The precise grouse of the petitioners, who have been working in different capacities i.e. Clerk, Chief Pujari, non- hereditary positions, Peon, Turi, Mali, Beldar, Sweeper and others at Shri Durga Mata Temple, Hatkoti Jubbal, District Shimla for the last so many years, is that their request for framing Recruitment and Promotion Rules (for short, R&P Rules) enabling them to seek regularization as well as further promotion are not being framed by the respondents-State on one pretext or other. 1Whether reporters of the local papers may be allowed to see the judgment? Yes. 2
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It is averred in the petition that the majority of the temples, including Shri Durga Mata Temple, which are being managed by the State Government under the Himachal Pradesh Hindu Public Religious Institution and Charitable Endowments Act, 1984, have framed R & P Rules, as a result whereof, employees working in those temples besides their being regularized are getting promotions. However, matter with regard to the framing of R & P Rules for the employees of Shri Durga Mata Temple, Hatkoti Jubbal, District Shimla, is pending consideration before the government for the last about 3-4 years and as such necessary directions are required to be issued to the government to finalize the R&P Rules so that the employees working in the aforesaid Temple are not made to suffer endlessly. 3
Pursuant to the notices issued in the instant proceedings, respondents No. 1 to 4 have filed their reply through Deputy Commissioner, Shimla, perusal whereof reveals that the draft proposal of R & P Rules of Shri Durga Mata Temple Trust, Hatkoti received from the Chairman (Temple)- cum-SDO (C), Jubbal in the month of September 2022 was sent to the Chief Commissioner (Temple)-cum-Secretary (LAC) to the Government of Himachal Pradesh vide letter dated 20.10.2022, however the Additional Chief Commissioner
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(Temple)-cum-Secretary (LAC) sought clarifications on certain points vide letter dated 4.4.2023. Requisite information was furnished vide letter dated 21.4.2023 .
Thereafter on 30.6.2023 the draft R & P Rules concerning the employees of both Shri Durga Mata Temple Trust, Hatkoti and Shri Bhimakali Ji Temple and other group of temples, Rampur, were prepared and sent to the office of the Additional Chief Commissioner(Temple)-cum-Director (LAC), who forwarded the same to the government for approval. However, the government returned the R&P Rules vide letter dated 19.1.2024 directing preparation of unified Rules for both the temple trusts. 4
After receipt of the aforesaid communication dated 19.1.2024, several meetings were convened with officials from both temple trusts and the Assistant Controller of Finance (F&A) under the chairmanship of the Assistant Commissioner to the Deputy Commissioner, Shimla and ultimately final revised/unified draft R&P Rules were prepared and submitted to the Additional Chief Commissioner(Temple)-cum-Director (LAC) with a request to take up the matter with the government vide letter dated 28.4.2025, but till date no decision upon the same has been taken by the government. 5
Learned Advocate General states that since on the request made by the petitioners, authorities concerned have
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already framed draft R& P Rules for Shri Bhimakali Ji Temple as well as Shri Durga Mata Temple Trust, Hatkoti (Annexure R-2) grouse of the petitioners, as raised in the petition, stands redressed. He further states that the action, if any, for approval of the aforesaid R &P Rules, if not already taken, shall be taken expeditiously. 6
Consequently, in view of the fair stand adopted at the behest of the respondents-State, this Court sees no reason to keep the present petition alive and the same is accordingly
disposed of, with a direction to the respondents-State to ensure that the final decision upon the revised/unified draft R&P Rules for both temple trusts, as detailed above, is taken expeditiously, preferably within a period of six weeks. Pending applications, if any, stand disposed of.
(Sandeep Sharma)
1.8.2025
Judge (pankaj)