No withdrawal of service benefits due to enactment of new legislation

Himachal Pradesh High Court Orders Restoration of Withdrawn Service Benefits Court Directs Timely Compliance Following Withdrawal of Impugned Office Order Affecting Employees' Service Benefits

In a significant judgment delivered on November 22, 2025, the Himachal Pradesh High Court has directed the State Government to restore service benefits that were previously withdrawn from government employees following the enactment of the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024. The case, titled Rakesh Rana v. State of H.P., was presided over by Justices Vivek Singh Thakur and Romesh Verma.

The petitioner, Rakesh Rana, challenged the withdrawal of his service benefits through an office order dated March 28, 2025, which was issued in the wake of the new legislation. The petitioner contended that this order adversely impacted his entitlements, as well as those of other similarly situated employees, by retracting previously granted benefits.

In response to the grievance, subsequent office orders dated August 23, 2025, and August 27, 2025, were issued by the Directorate of School Education, rendering the earlier order in-fructuous and withdrawing it with immediate effect. This action effectively addressed the petitioner's concerns, prompting the court to direct the restoration of the previously extended service benefits.

The court's judgment mandates that the restoration and extension of similar benefits to all affected employees be completed by December 31, 2025. The decision underscores the importance of adhering to the judgments passed in related cases, including Kuldeep Chand v. State of HP and Ajay Kumar Thakur v. State of HP, which set precedents for handling similar service-related disputes.

The Himachal Pradesh High Court's directive reflects its commitment to ensuring fair treatment of government employees, emphasizing that decisions impacting service conditions should align with established legal principles and precedents.

The court also noted that other issues raised in the petition remain open for adjudication in future proceedings, allowing parties to seek appropriate remedies as required.

Bottom Line:

Withdrawal of service benefits due to enactment of new legislation - Subsequent withdrawal of impugned order rendering grievance in-fructuous - Directions issued to restore service benefits and extend similar benefits to similarly situated persons.

Statutory provision(s): Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024

Rakesh Rana v. State of H.P., (Himachal Pradesh)(DB) : Law Finder Doc Id # 2811988