2026:HHC:7710 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPOA No.1033 of 2019 Decided on: 17 ^th March, 2026 ___________________________________________________________________

Vikas Rana ...Petitioner Versus State of Himachal Pradesh and others ...Respondents _________________________r____________________________________________

Coram u Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? ¹ For the petitioner: Mr. Shekhar Badola and Mr. Vishal Thakur, Advocates.

For the respondents: Mr. Sikander Bhushan, Deputy 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.

1 Whether 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 Lecturer English (College Cadre) on 01.12.2005 and joined his duties with Kanwar Durga Chand Memorial Degree College Jaisinghpur, District Kangra, H.P. on 06.12.2005. f

3. The respondents-State issued Notification on 06.02.2007 (Annexure P-2) to take over Kanwar Durga Chand Memorial College uJaisinghpur, District Kangra, H.P. and rename it as Kr. Durga Chand Govt. Degree College, Jaisinghpur-

respondent No.3-college.

4. The petitioner even after taking over of the College by the State Government had served with respondent No.3-

College 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 on

09.09.2009.

6. Respondent No.2 vide office order dated 21.06.2010 (Annexure P-4) had taken over the services of those 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 respondents-State w.e.f. 06.02.2007 to

20.08.2009, but hius salary has not been paid to him.

8. The respondents filed reply to the petition and admitted that the petitioner was engaged by Kanwar Durga Chand Memorial Degree College Jaisinghpur, District Kangra, H.P. as Lecturer on 01.01.2005 and, as such, worked there till 20.08.2009. 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 21.06.2010 and as such the claim of the petitioner to release the salary w.e.f. 06.02.2007 to 20.08.2009 (wrongly mentioned as 20.08.2013) 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 learned counsel for the petitioner and learned Deputy Aduvocate General for the respondents-State and also perused the record carefully.

10. It is not in dispute that vide notification dated 06.02.2007, the State Government had taken a conscious decision to take over Kanwar Durga Chand Memorial College Jaisinghpur, District Kangra, H.P. with immediate effect and in public interest. It is also not in dispute that the State Government vide their office 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, w