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The Himachal Pradesh High Court has set aside the appointment of Surinder Kumar Vashisht as Chief Executive Officer-cum-Secretary of the Himachal Pradesh Housing and Urban Development Authority (HIMUDA), holding that he was not eligible for the post under the applicable service rules.
Justice Jyotsna Rewal Dua passed the order while allowing a writ petition filed by Anjori Kapoor, a senior Chief Engineer in HIMUDA, who had challenged the upgradation of Vashisht's post and his subsequent appointment as CEO-cum-Secretary. The court directed the state government to initiate a fresh selection process for the post strictly in accordance with the applicable Recruitment and Promotion (R&P) Rules and ordered the competent authorities to convene a Screening Committee meeting within two weeks. Kapoor, who was promoted as Chief Engineer in December 2022, had challenged the government's February 2023 decision to upgrade the Superintending Engineer post held by Vashisht to that of Chief Engineer as a "personal measure". The petitioner had contended that Vashisht's subsequent appointment as CEO-cum-Secretary in May 2025 was contrary to the 2012 R&P Rules, as he did not hold a substantive and regular post of Chief Engineer required for consideration for the top position. During the pendency of the petition, the state government re-designated one Chief Engineer post as Advisor (Policy & Strategy) and appointed Kapoor to the post, while Vashisht continued as CEO-cum-Secretary. The High Court observed that merely upgrading a post as a personal measure could not create a new regular cadre post under the applicable service rules. It held that Vashisht's elevation to the post of Chief Engineer was "fortuitous" and, consequently, he was not eligible for further elevation to the post of CEO-cum-Secretary. The court further underscored that executive orders cannot override statutory service rules and that any restructuring of the cadre or creation of posts must be carried out in accordance with the prescribed legal procedure. The court quashed the notification dated May 27, 2025, through which Vashisht was appointed CEO-cum-Secretary and Kapoor was appointed Advisor (Policy & Strategy). It also held that Kapoor's right to fair consideration for appointment to the post, protected under Article 16 of the Constitution, had been affected. However, the court directed that the financial benefits already drawn by Vashisht during his tenure as CEO-cum-Secretary should not be recovered from him. The state authorities have now been directed to undertake the fresh selection process from among eligible candidates, including Kapoor, in accordance with the applicable service rules. (ANI)
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