Himachal Pradesh High Court Weekly Roundup: September 4 - September 10, 2023

Nominal Index:

Sunita Sangroli Vs State of H.P. and Ors 2023 LiveLaw (HP) 62

M/s Vardhman Ispat Udyog Versus State of Himachal Pradesh and Ors 2023 LiveLaw (HP) 63

Veena Devi vs. State of H.P. & Others 2023 LiveLaw (HP) 64

State of Himachal Pradesh and Others Versus M/s Nokia India Sales Pvt. Ltd. 2023 LiveLaw (HP) 65

Dilbag Singh vs. Vipan Kumar & other 2023 LiveLaw (HP) 66

Judgments/Orders:

Civil Service Rules | Lecturer Gets Earned Leaves 26 Yrs After Appointment, HP High Court Says It's 'Inherent Right' From Date of Joining

Case Title: Sunita Sangroli Vs State of H.P. and Ors.

Citation: 2023 LiveLaw (HP) 62

The Himachal Pradesh High Court has granted, with retrospective effect, earned leaves to a History lecturer 26 years after her initial appointment. It emphasised that where earned leave is permissible, entitlement to it begins from the date of joining the service, making it an inherent right of civil servants upon their appointment to a civil post.

“The entitlement of civil servant to an earned leave starts from the date she joins the service, where leave is permissible. That being so, the earned leave becomes an incidence of service, a benefit available to the civil servant by virtue of he being appointed to a civil post”, Justice Satyen Viadya held.

Himachal Pradesh High Court Stays Service Tax-Cum-Divisional Commissioner’s Order As GSTAT Not Constituted

Case Title: M/s Vardhman Ispat Udyog Versus State of Himachal Pradesh and Ors.

Citation: 2023 LiveLaw (HP) 63

The Himachal Pradesh High Court stayed the service tax-cum-divisional commissioner’s order as GSTAT was not constituted.

The bench of Justice Sandeep Sharma has observed that in the absence of GSTAT i.e., the appellate tribunal, the petitioner had no option but to approach the High Court by way of a petition filed under Article 227 of the Constitution of India, which otherwise empowers the Court to exercise supervisory powers over all the courts subordinate to it, including the authorities exercising quasi-judicial powers.

Pension A Beneficial Provision For Employees, Restrictive Interpretation Undermines Its Purpose: Himachal Pradesh High Court

Case Title: Veena Devi vs. State of H.P. & Others

Citation: 2023 LiveLaw (HP) 64

Reaffirming the importance of pension as a beneficial provision for government servants, the Himachal Pradesh High Court emphasised that any restrictive interpretation of pension rules would undermine its purpose.

Justice Satyen Vaidya added that pension rules have to be considered from the perspective that it is earned in lieu of the services rendered by the government servant for the public.

Himachal Pradesh High Court Quashes Revision Petition Against Nokia On Differential Tax Amount On Sale Of Mobile Charger

Case Title: State of Himachal Pradesh and Others Versus M/s Nokia India Sales Pvt. Ltd.

Citation: 2023 LiveLaw (HP) 65

The Himachal Pradesh High Court quashed the revision petition filed by the Department against Nokia on the differential tax amount on the sale of mobile chargers.

The bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya has observed that the clear mandate of law is that the Court can exercise revisional jurisdiction under Section 48 of the Act only against the orders passed by the Tax Tribunal either under Section 45(2) or Section 46(3) of the VAT Act. Revisional jurisdiction can be exercised if the person aggrieved applies to the court within 90 days of the communication of the order and if any question of law arising out of an erroneous decision of law or failure to decide a question of law is found to exist.

Women's Gratitious Services In Household To Be Considered In Motor Accident Compensation Claims: Himachal Pradesh High Court

Case Title: Dilbag Singh vs. Vipan Kumar & other

Citation: 2023 LiveLaw (HP) 66

The Himachal Pradesh High Court held that though gratuitous services rendered by women in managing households and families cannot be equated with money, such services should be properly considered while deciding a claim for compensation under the Motor Vehicles Act.

Justice Virender Singh added that women perform various activities in the household and that their untimely death due to a motor vehicle accident entitles their families to compensation.