HC denies interim relief to SAD-BJP regime’s law officers

HIGH COURT BENCH SAYS IT’S PREROGATIVE OF STATE GOVT TO HAVE OFFICERS OF CHOICE, BUT HAS TO FOLLOW RULES AS A DUTY

: The Punjab and Haryana high court on Saturday declined to intervene on the plea of 26 law officers appointed during the SAD-BJP government’s tenure in Punjab, who had sought interim protection against their removal till the time state finalises rules on such appointments.

The high court bench of justice Jaishree Thakur observed that it was prerogative of the state to have officers of its own choice. But the government was also bound to follow rules in such appointments and it was their duty to do so, the court said.

The 26 odd law officers had demanded that state be directed not to terminate their contracts till the time rules are framed by the government in line of Supreme Court order. They had also sought pay parity with those law officers who are regular employees of the state.

Earlier, the government had told the court that it was bound to follow Supreme Court order on appointments. But it was prerogative of the state to appoint its law officers. The officers appointed by previous government can submit their applications, the same would be considered as per laid down rules, the government had told the court.

As per SC order of March 2016, state is to fix eligibility criteria, besides constituting a search committee. The appointments can be made only after taking into account observations on suitability of candidates by the chief justice.

Fearing termination of their contracts with the change of guard in the state, these law officers had moved high court on March 15. The high court bench while posting the matter for May 18 said that it would consider the issue of pay parity only in respect of contractual officers and regular employees.