GOVERNMENT IS RESPONSIBLE TO PROTECT THE INTEREST OF EMPLOYEES BEFORE RETROSPECTIVE OPERATION OF THE RULE, HAVING THE FORCE OF LAW.

Recruitment and promotion rules of the Government employees must have necessitated necessity of the bringing out an up-to-date compilation before finalisation of the service matters and amendments to the various rules and fresh instructions on the various issues related to the service matter. As such all rules should be published before the date of their enforcement or they should be enforced from the date of their publication. If owing to any unavoidable circumstances, it is necessary to give retrospective effect to any particular rule, a memorandum explaining the reasons which necessitated the retrospective operation of the rule should be published separately along with the notification whereby the rule is made, but such explanatory memorandum should not form a part of the rule. The explanatory memorandum should further recite that the interests of no one would be prejudicially affected by reason of the retrospective operation of the rule. Further subject to the provisions of the Constitution of India, Acts of the appropriate legislature may, by law, regulate the recruitment, and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any state.Article 309 of the Constitution of India direct in the case, with the affairs of the state, to make rules regulating the recruitment, and the conditions of service of persons appointed to such services and posts until provision on that behalf is made by or under an Act of the appropriate Legislature and any rule so made shall have effect subject to the provisions of any such Act. A committee for the Scrutiny of draft Recruitment and promotion Rules and amendments to existing recruitment and the promotion rules (to be referred to as Rules Committee) under the Chairman ship of Chief Secretary of the state and Secretary, Finance, Personnel, law as members and the joint Secretary (personnel) Member/Secretary.Keeping in view the commencement of new rules , it is necessary to protect the seniority of the recruitment, appointment, confirmation of each employee in the interest of the service conditions and the work done by each, as such decisions taken by the Honourable Supreme Court and the High courts are also considered for the provisions of such amendments to various rules and fresh instructions, however fundamental benefits of the seniority, promotion and the pensionary benefits should be protected in the interest of justice to each employee of the government preferring scheme and recruitment/appointment of the Government setup for having the force of law , in the whole of Himachal pradesh or in any part there of.