The eligibility of employees for the takeover of services by the State Government must be determined based on the date of taking over the institution as per the governing notification, and not the date of inspection.

G.S. Sandhawalia, Chief Justice

(Oral)

The present appeal filed against the judgment of learned Single Judge, passed in CWP No.2557 of 2025, titled Raman Kumar and others vs. State of Himachal Pradesh and others, dated 29.08.2025, is a classic case of the State Government in digging in its heels and not applying its mind inspite of the fact that the matter stood settled conclusively by the judgment of the Co-ordinate Bench on an earlier occasion in CWP No.1007 of 2023, titled Sunil Kumar vs. State of Himachal Pradesh and others and CWP No.4365 of 2023, titled Prakash Chand and others vs. State of Himachal Pradesh and others , decided on 31.05.2024 (Annexure P-8). Therein, the employees of Shri Sarswati Sanskrit College, Dangar, District Bilaspur had approached this Court, on the ground that vide notification dated 17.06.2021 (Annexure P-5), the said Institute had been taken over by the State Government and renamed as Government Sanskrit College, Dangar. Accordingly, the employees had sought the relief that vide notification dated 25.08.1994, as per Clause-7, the services of the qualified teaching and non-teaching staff employed one year earlier who fulfill prescribed departmental recruitment and promotion rule condittions, prevalent at the time of taking over, would be considered for taking over. The relevant date as per the Clause is the date of taking over.

2. The Division Bench had rejected the defence taken by the State which was the revocation of the earlier notification and resultantly had directe d consideration strictly in accordance with Clause-7 of the notification dated 24.08.1994. Resultantly, the order dated 06.01.2025 came to be passed by the Secretary Education to the Government of Himachal Pradesh who rejected the case of the writ petitioners, present respondents in this appeal on the ground that they were not permanent employees of the College on the date of inspection, i.e., 10.04.2019 and having been made permanent on 01.08.2018 and 28.01.2019. Apparently, there was total non application of mind by the said Officer who only reproduced the operating part of the judgment for consideration without examining the judgment in sum and substance, which reads as under:-

“7. The State Government has issued a notification dated 25.08.1994, whereby the terms and conditions for taking over privately managed colleges in the Pradesh (affiliated) including Teaching and Non-Teaching Staff have been framed. Clause-7 of aforesaid terms and . conditions reads as under:-

"(7) The services of only qualified teaching and non-teaching staff appointed one year earlier who fulfil, prescribed departmental recruitment and promotion rule conditions, prevalent at the time of taking over will be considered for taking over subject to the approval of the State Public Service Commission or Departmental Screening Committee from the date of taking over. The services of the Principal w ill be taken over only us Senior most Lecturer of the College concerned subject to above mentioned the proviso. The Government scales in respect of the respectivue categories shall be permissible to them after the take over.”

8. In CWP No. 1007 of 2023, petitioner has filed CMP No. 7348 of 2024 and has placed on record a copy of communication dated 07.11.2022 from Principal, Government Sanskrit College, Dangar, to Director of Higher Education, H.P. No rebuttal was sought to be g placed on record by the respondents/State to the aforesaid communication dated 07.11.2022 from Principal, Government Sanskrit College D