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CPS Can’t Accepting Official Benefits And Authority: Himachal Pradesh High Court

High Court

Comprehending the Provisional Decision

The High Court has given an interim order that forbids all Chief Parliamentary Secretaries (CPS) from taking government benefits and powers, marking a significant turn in the events in Himachal Pradesh. These officers will continue to function as CPS within the government structure in spite of this verdict.

The Court Case Revealed the History of CPS Appointments

The court-filed petition that contested CPS's appointments is what started the dispute. The administration made it clear that, despite accusations to the contrary, CPS do not enjoy benefits similar to those of ministers, even though they do function within legal bounds. But the main issue is that they make considerably more money, which is something that the law framework addresses.

Court Cases and Upcoming Projects

On March 11, a division bench made up of Justices Vivek Singh Thakur and Sandeep Sharma will consider the case in a crucial hearing. The state advocate general, Anup Ratna, highlighted that the Himachal Pradesh Parliamentary Secretary Appointment Act of 2006 expressly states that CPS are not entitled to ministerial privileges.

Comparing the Regulations of Other States

Ratna drew attention to the differences in rules between Himachal Pradesh and Assam, pointing out that although the former has stricter laws, the latter has different CPS laws. Citing a Chhattisgarh High Court decision, he emphasised that the state's CPS structure complies with legal requirements and has been approved by the High Court.

Examining Appointments and Counterarguments Against CPS Appointments

Notably, 12 BJP MLAs, including well-known leader Satpal Satti, have opposed the appointment of CPS. They argue that several CPS members were not properly chosen, casting doubt on the validity of the appointments of Kishori Lal, Sundar Singh, Ram Kumar, Mohan Lal Brakta, Ashish Butel, and Sanjay Awasthi.

Conclusion

An important turning point in the continuing legal discussion around the CPS appointments in Himachal Pradesh is marked by the interim verdict. The junction of state-specific rules, ministerial entitlements, and legal statutes continues to be a topic of disagreement as the case moves forward.

FAQs

Q. 1. Are CPS in Himachal Pradesh entitled to ministerial benefits?

A. 1. While CPS receive higher salaries, they are not entitled to ministerial benefits as per the existing legal framework.

Q. 2. What prompted the interim ruling by the High Court?

A. 2. The ruling stemmed from a petition contesting the CPS appointments, questioning their entitlement to governmental perks.

Q. 3. How do Himachal Pradesh CPS regulations differ from Assam's?

A. 3. There are disparities in the regulations governing CPS in these states, leading to differing entitlements and legal standings.

Q. 4. Who is contesting the CPS appointments, and what are their concerns?

A. 4. Twelve BJP MLAs, including Satpal Satti, contest specific CPS appointments, citing discrepancies in the selection process.


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