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CliQ INDIA > National > Himachal HC strikes down 'impugned' act, quashes employee orders; grants relief in 260+ petitions
National

Himachal HC strikes down 'impugned' act, quashes employee orders; grants relief in 260+ petitions

cliQ India
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Shimla (Himachal Pradesh) [India], April 26 (ANI): In a landmark and far-reaching judgment, the Himachal Pradesh High Court has struck down a controversial state legislation, terming it “illegal, unconstitutional and nullified,” while also quashing employee-related orders and granting sweeping relief to petitioners in more than 260 connected cases.

The verdict was delivered on April 25, 2026, by a Division Bench comprising Justice Vivek Singh Thakur and Justice Romesh Verma, which had reserved judgment on January 5, 2026, after extensive hearings in a batch of petitions led by CWP No. 3361 of 2025 (Devinder Kumar & Others vs State of Himachal Pradesh & Another).

The High Court held that the “impugned Act” enacted by the State was unconstitutional as it attempted to override and nullify earlier judicial pronouncements, calling it an impermissible exercise of legislative power that violated the doctrine of separation of powers.

Quashing the Act in its entirety, the court issued a series of directions with wide-ranging implications. It declared that all consequential actions, omissions and decisions taken by the State and its authorities under the quashed Act would stand invalid. The court further set aside all orders relating to rejection, withdrawal or denial of benefits to employees based on the said legislation.

In a major relief to employees, the court also barred any recovery of benefits already granted, which had been proposed under the now-quashed Act. Additionally, the Bench directed the competent authorities to extend all due benefits to eligible employees within a strict timeline of three months from the date of the judgment.

The case represents one of the largest consolidated hearings in the High Court, covering more than 260 Civil Writ Petitions (CWPs) along with multiple connected proceedings. These included one Letters Patent Appeal (LPA No. 364 of 2024), four Execution Petitions (EX.PT), one Contempt Petition (COPC No. 183 of 2025), and a connected Miscellaneous Application (CMP No. 5397 of 2025 in COPC No. 866 of 2024).

The court formally recorded that all matters were heard together under the common title:

“CWP No. 3361 of 2025 & connected matters.”

The litigation arose after a large number of employees approached the High Court challenging a state law and subsequent administrative orders that adversely affected their service conditions and benefits. The petitioners argued that the legislation sought to retrospectively nullify earlier court rulings that had granted them relief.

Accepting these contentions, the High Court held that the State could not legislate in a manner that defeats or overrides binding judicial decisions, terming such an attempt legally unsustainable.

The batch included both group petitions and individual petitions, reflecting widespread grievance across departments. Prominent group matters included cases like Radhe Shyam & Others (CWP 3623/2025) and Harsh Deepika Datta & Others (CWP 3738/2025), alongside numerous individual petitions filed by employees such as Amit Kumar, Shivani Sood, Madan Lal and Rita Devi, among others.

The matter was extensively argued before the Division Bench, which reserved its judgment on January 5, 2026, and pronounced the final verdict on April 25, 2026, bringing closure to a prolonged legal battle involving hundreds of petitioners.

Legal observers describe the ruling as highly significant both in terms of constitutional principles and administrative impact. By striking down the legislation and quashing the related orders, the High Court has reaffirmed the supremacy of judicial decisions and limited the scope of retrospective legislative interference.

The judgment is expected to benefit a large section of employees across Himachal Pradesh and may have far-reaching implications for similar disputes in the future, while also setting a precedent on the limits of legislative power vis-a-vis court rulings. (ANI)

, https://www.aninews.in/news/national/general-news/himachal-hc-strikes-down-impugned-act-quashes-employee-orders-grants-relief-in-260-petitions20260426014131

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