Shimla, Himachal Pradesh: The Himachal Pradesh High Court has cancelled the appointment to the post of CEO-cum-Secretary of HIMUDA and directed the state government to appoint a new officer within two weeks, strictly in accordance with the applicable Recruitment Rules.
The case arose from a petition filed by Anjori Kapoor, challenging issues related to seniority and eligibility for the post. The court has directed the government to reconsider eligible officers through a fresh selection process.
Why Did the Court Cancel the Appointment?
The dispute was not limited to which officer was senior. The key issue was whether the appointed officer met the eligibility requirements under the Recruitment Rules applicable to the CEO-cum-Secretary post.
The court observed that granting an officer a personal upgradation does not automatically make the officer eligible for appointment to a higher regular cadre post.
In other words, an individual increase in an officer’s designation or pay does not by itself create eligibility for another regular post when the Recruitment Rules prescribe specific qualifications or cadre requirements.
Based on this reasoning, the High Court also quashed the May 27, 2025 notification through which the concerned officer was appointed as CEO-cum-Secretary, HIMUDA.
Government Must Reconsider Eligible Officers
HIMUDA, Himachal Pradesh Housing and Urban Development Authority, is responsible for housing and planned urban development in the state. Its CEO-cum-Secretary is a key administrative position involving matters such as construction, estate management, accounts and legal affairs.
The court has directed the government to restart the appointment process under the 2012 Recruitment Rules. Only officers meeting the prescribed eligibility criteria are to be considered, and petitioner Anjori Kapoor must also be included in the consideration process.
The court has not ordered the recovery of financial benefits already received by the concerned officer.
The government now has two weeks to complete the required process and make a fresh appointment in accordance with the rules.
The ruling underlines an important administrative principle: appointment to senior government posts must follow the applicable Recruitment Rules, and administrative upgradation alone cannot substitute for prescribed eligibility.
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