IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.1377 of 2020 Decided on: 28th March, 2025 _________________________________________________________________ Rajinder Singh ....Petitioner Versus State of H.P. and Others …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Kiran Dhiman, Advocate. For the respondents: Ms. Leena Guleria, Deputy Advocate General. Jyotsna Rewal Dua, Judge CMP No. 5251 of 2025 Allowed and disposed of. CWP No. 1377 of 2020 2. This writ petition has been filed for grant of following substantive relief:- “(i) That the writ in the nature of mandamus may kindly be issued directing the respondents to take over the services of the petitioner as Peon-cum- Chowkidar as he was fully eligible for the said.” 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - 3. Petitioner’s case is that he was appointed as a Chowkidar in the year 2015 in Jwalaji Degree College, Jawalamukhi, District Kangra, H.P. as it was known at the relevant time (now respondent No.3). He was appointed as Chowkidar in this college on Parent Teacher Association (PTA) basis. Respondent No.1 issued a notification on 21.08.2017, vide which, services of the teaching and non-teaching staff in respondent No.3-college were ordered to be taken over. Petitioner’s services were not taken over. Hence, the writ petition. 4. Learned counsel for the petitioner submits that respondent No.1 had discriminated the petitioner vis-à-vis one Sh. Sanjay Kumar in the matter of taking over of their services. Aforesaid Sh. Sanjay Kumar was working as Assistant Professor (History) in the same college on PTA basis. He was appointed as such under PTA resolution dated 17.07.2021. Respondents took over the services of Sh. Sanjay Kumar but, services of the petitioner were not taken over. 5. Respondents in their reply have clarified that petitioner was engaged as Chowkidar in the erstwhile - 3 - privately managed Jawalaji Degree College, Jawalamukhi, District Kangra, H.P. w.e.f. 01.12.2015, purely on temporary basis. He was paid out of local PTA fund collected from the students of the college; The said college was taken over by the State on 08.06.2016. As per Government notification issued on 22.09.2016, a committee was constituted for evaluation and working out the modalities for taking over the aforesaid college; In terms of the report furnished by the committee, that prepared detailed report regarding Assets and liabilities of the college, petitioner was found to have been engaged by the PTA committee of the college, therefore, his services were not taken over; That there was no provision for taking over the services of the PTA appointed incumbents in the taking over notification; In respect of Sh. Sanjay Kumar, whose case has been cited by the petitioner, the respondents have clarified that Sh. Sanjay Kumar and certain other incumbents, though were engaged initially on PTA basis and they served as such till December, 2010, however, in the year 2011, by following the prescribed selection process, they were appointed on contract basis against the sanctioned posts lying vacant in - 4 - the college as per the set norms for appointment in the private/affiliated colleges of Himachal Pradesh University as mentioned in Chapter-38 of the Himachal Pradesh University Ordinance, 1972. Respondents have clearly distinguished that Sh. Sanjay Kumar was not equivalently placed as the petitioner. Respondents have effectively dispelled the case of discrimination put forth by the petitioner. Petitioner, a PTA appointed incumbent, has not asserted or claimed any independent right vested in him under any policy/ notification which would have allowed taking over of his services by the State. No other point was urged by the petitioner. Consequently, there is no merit in the present writ petition. The same is accordingly dismissed. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge March 28, 2025 R.Atal