Citation : 2025 Latest Caselaw 2806 HP
Judgement Date : 1 August, 2025
( 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: with Mr. Rajan
Mr. Anup Rattan, A.G.
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 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
(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
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)
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