1 For theC petitioner: Mr. Shekhar Badola and Mr. Vishal Thakur, Advocates.

For the respondents: Mr. Sikander Bhushan, Deputy h Advocate General.

Jiya Lal Bhardwaj, Judge (Oral)

The petitioner by way of present petition has sought direction to the respondents to release his salary for the period from 06.02.2007 to 20.08.2009, when he has served as Lecturer in English (College Cadre) with Kanwar Durga Chand Memorial Degree College Jaisinghpur, District Kangra, H.P.^{1Whether reporters of Local Papers may be allowed to see the judgment?}

2. Shorn of unnecessary details, the key facts of the case are that the petitioner was appointed as LecPturer English (College Cadre) on 01.12.2005 and joined his duti.es with Kanwar Durga Chand Memorial Degree College Jaisinghpur, District Kangra, H.P. on 06.12.2005.

3. The respondents-State issued Notification on 06.02.2007 (Annexure P-2t) to take over Kanwar Durga Chand Memorial College uJaisinghpur, District Kangra, H.P. and rename it as Kr. Dourga Chand Govt. Degree College, Jaisinghpur-responCdent No.3-college.

4. The petitioner even after taking over of the College gby the State Government had served with respondent No.3-iCollege w.e.f. 06.02.2007 till 20.08.2009.

5. Vide Notification dated 07.09.2009 (Annexure P-3), the petitioner was appointed as Lecturer in English (College Cadre) on contract basis after his selection by the H.P. Public Service Commission and accordingly he joined as such on09.09.2009.

6. Respondent No.2 vide ofÏce order dated 21.06.2010 (Annexure P-4) had taken over the services of thoPse Lecturers, who were eligible on the date of taking over of. the College in relaxation of terms and conditions of taking over as Lecturers (School Cadre), w.e.f. 06.02.2007 on 2f1.06.2010.

7. The grievance of the petitioner is that though he has served with the respotndents-State w.e.f. 06.02.2007 to20.08.2009, but hius salary has not been paid to him.

8. Tohe respondents filed reply to the petition and admittCed that the petitioner was engaged by Kanwar Durga Cha nd Memorial Degree College Jaisinghpur, District Kangra, gH.P. as Lecturer on 01.01.2005 and, as such, worked there till i20.08.2009. Thereafter, he was selected as Lecturer English (College Cadre) through Himachal Pradesh Public Service Commission and appointed as such. He left respondent No.3- College on 21.08.2009. Only services of those eligible staff were taken over, who were enrolled at the time of taking over of the services i.e. on 21.06.2010 and further their salaries have been released w.e.f. 06.02.2007 to 20.08.2009 (wrongly mentioned as 20.08.20.13) is neither sustainable, as he was not on the roll at the time of taking over of services of other eligible staff,f nor maintainable as his services were not taken over by the respondents-State.

9. I have heard letarned counsel for the petitioner and learned Deputy Aduvocate General for the respondents-State and also perusedo the record carefully.

10. CIt is not in dispute that vide notification dated 06.0 2.2007, the State Government had taken a conscious gdecision to take over Kanwar Durga Chand Memorial College iJaisinghpur, District Kangra, H.P. with immediate effect and in public interest. It is also not in dispute that the State Government vide their ofÏce orders had taken over the services of the employees w.e.f. 06.02.2007, when the Notification of taking over the college was issued and further the salary of the staff taken over have been released w.e.f. 06.02.2007 to 21.06.2010.

11. The plea, which has been taken by the rPespondents-State, is that since on the date of taking over .the services of other staff as on 21.06.2010, the petitioner was not on the roll of respondent No.3-College, thus he fis not entitled to the salary for the period w.e.f. 06.02.2007 to 20.08.2009. The said plea cannot be countenancedt for the simple reason that the respondents haveu not denied the factum that the petitioner had discharged ohis duties with respondent No.3-College w.e.f.06.