Shimla: The Congress govt in Himachal Pradesh has filed a special leave petition (SLP) in the Supreme Court, challenging the high court’s verdict two days back quashing the appointment of six chief parliamentary secretaries (CPSes) by annulling the ‘HP Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges & Amenities) Act, 2006’, finding it illegal and unconstitutional.
The SLP is likely to come up for a mentioning request before the Chief Justice of India, Sanjiv Khanna, on Saturday, citing urgency, and for arguments the next week.
The state govt is likely to be represented in the top court either by former Union minister and senior advocate Kapil Sibal or former attorney general Mukul Rohatgi.
The six affected CPSes - Sanjay Awasthi (MLA from Arki vidhan sabha constituency), Sundar Singh from Kullu, Ram Kumar from Doon, Mohan Lal Brakta from Rohru, Kishori Lal from Baijnath and Ashish Butail from Palampur – are also going to file separate SLPs in the top court soon. One of the petitioners in the case before the Himachal Pradesh high court – Kalpana Devi – has also filed a caveat in the top court urging that she should be heard before extending any grant to the state govt or the CPSes.
In its SLP, the Himachal Pradesh govt has submitted that the division bench of high court has erred in its judgment of Nov 13 as the court did not discuss the material difference in the Act. Sukhu govt said that even though parliamentary secretaries in the state do not draw salaries equivalent to ministers, the HC undertook a “hairsplitting exercise” to equate them as part of political executive, even though they do not perform any executive act.
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Himachal Pradesh moves Supreme Court to get parliamentary secretaries appointment okayedThe Himachal Pradesh government, led by Sukhvinder Singh Sukhu, is challenging a High Court ruling that invalidated the appointment of six parliamentary secretaries. The state government argues that the High Court erred in comparing their 2006 law to a similar one in Assam, emphasizing that Himachal's parliamentary secretaries lack ministerial status and don't perform executive functions.