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2025 DAILYLAW 37463 (HP)

ANURAG GOSWAMI AND OTHERS v. STATE OF HP AND OTHERS

CWP/4362/2023 · 2025-12-18

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3185, 4362 & 8679 of 2023 and 1688 of 2024 Date of Decision: 18.12.2025 __________________________________________________________ 1. CWP No.3185 of 2023 Sonia Rajput and Others …….Petitioners Versus State of Himachal Pradesh & Others ….Respondents __________________________________________________________ 2. CWP No.4362 of 2023 Anurag Goswami and Others …….Petitioners Versus State of Himachal Pradesh & Others ….Respondents __________________________________________________________ 3. CWP No.8679 of 2023 Archana Sharma and Others …….Petitioners Versus State of Himachal Pradesh & Others ….Respondents __________________________________________________________ 4. CWP No.1688 of 2024 Ankita and Others …….Petitioners Versus State of Himachal Pradesh & Others ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner(s): Mr. Parveen Chandel, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. Mr. Nand Lal Thakur, Senior Panel Counsel, for respondents-UOI. __________________________________________________________ 1Whether the reporters of the local papers may be allowed to see the judgment? 2 Sandeep Sharma, Judge(oral): Since common question of facts and law are involved in all the petitions, same are heard together and are now being disposed of vide common judgment. 2. Precisely, the facts of the case, relevant for adjudication of the case at hand, which are common in all the cases, are that petitioners were appointed against the posts of Teacher and Clerk, respectively, on PTA and SMC basis at AFCB High School, Khas Yol Cantonment Board, District Kangra, in different years starting from 2008 till 2022. School, detailed hereinabove, was de-notified by the Central Government vide Notification dated 27.04.2023 and thereafter same was taken over by the Government of Himachal Pradesh vide Notification dated 19.01.2023. While taking over the School, detailed hereinabove, services of teaching as well as non-teaching staff, save and except the petitioners, were taken over by the Government of Himachal Pradesh. 3. Prayer made on behalf of the petitioners for taking over was not considered by the respondent-State on the ground that their names were not forwarded by the respondent-Cantonment Board. During pendency of the present case, respondent-Cantonment Board has forwarded the names of left-out employees, including petitioners, vide communication dated 22.04.2024 (Annexure P-7 annexed with the rejoinder filed by the petitioner to the reply filed by respondent No.6). 3 4. Learned counsel representing the petitioner(s), on instructions, states that petitioners would be content and satisfied in case their pending representations, which have been forwarded by respondent-Board vide communication dated 22.04.2024, are considered and decided by the respondent-State, in time bound manner. Mr. Rajan Kahol, learned Additional Advocate General, fairly states that representations, annexed with the communication dated 22.04.2024, if not already decided, shall be decided expeditiously. 5. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present petitions, with the direction to respondent-State to consider and decide the representations of the petitioners, forwarded by respondent- Cantonment Board, expeditiously, preferably, within a period of four weeks. Ordered accordingly. Needless to say, respondent-State while doing the needful in terms of instant order shall take note of Policy of taking over, whereby admittedly services of teaching as well as non- teaching staff have been taken over by the respondent-State. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge December 18, 2025 (Rajeev Raturi)