Priyanka Thakur
Shimla
The Himachal Pradesh All India Services (AIS) Association has strongly objected to the proposal in the State Budget 2026–27 to defer salaries of AIS officers, calling the move “unconstitutional, legally unsustainable, and contrary to established service jurisprudence.”
In its formal representation to the State Government, the Association emphasized that salary, once earned, is a vested right and property under Article 300A of the Constitution, which cannot be withheld or deferred except through valid legislation. It stressed that executive instructions or budgetary proposals do not carry the force of law.
The Association further highlighted that service conditions of AIS officers are governed exclusively by the Central Government under the All India Services Act, 1951 and the AIS (Pay) Rules. Any unilateral action by the State Government, it argued, would be beyond its jurisdiction.
Citing constitutional safeguards, the Association noted that any reduction or deferment of salaries can only be undertaken under Article 360 (Financial Emergency), which requires a proclamation by the President of India. Attempts to achieve similar outcomes without invoking this provision, it warned, would be legally untenable.
It also underlined that financial constraints cannot justify denial or deferment of lawful dues, pointing to consistent rulings of the Supreme Court on the matter.
Urging reconsideration, the Association has called upon the State Government to withdraw the proposal, while reiterating its willingness to cooperate in all lawful and constitutionally permissible fiscal measures.
