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2023 Supreme(HP) 2

SATYEN VAIDYA
Sanjeev Singh – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pankaj.
For the Respondents: Desh Raj Thakur, Narender Thakur.

JUDGMENT :

SATYEN VAIDYA, J.

1. By way of instant petition, the petitioners have prayed for following substantive reliefs:

    “(A) That this Hon'ble Court please to direct the respondent to take over the service of the petitioners as per notification dated 25.08.1994 and extended all benefits to the petitioners for which they were entitled with all consequential benefits including pay fixation, salary and arrears etc.

(B) That this Hon'ble Court may kindly be pleased to issue the writ of mandamus whereby the respondents may kindly be directed to take over the services of the petitioners as Junior Assistant with all consequential benefits (pay fixation and arrears etc.).

(C) That in alternate respondent be directed to grant the same scale to the petitioner as they were getting on the day of the takeover with further seniority, pay fixation, arrears etc. from the day of take over till today.”

2. Maharaja Sansar Chand Memorial (MSCM) College, Thural, Tehsil Palampur, District Kangra, H.P. along with its teaching and non teaching staff was taken over by the State Government w.e.f. 09.11.2005. Notification to this effect, however, was issued on 18.10.2006.

3. Petitioners were working as Clerks in

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