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2026 DAILYLAW 22845 (HP)

JIA LAL v. THE STATE OF HP AND OTHERS

CWP/15951/2026 · 2026-09-14

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15951 of 2026 Decided on: 14th September, 2026 ------------------------------------------------------------------------------------- Jia Lal …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Aashish Kumar, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Rajat Choudhry, learned Assistant Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner seeks quashing of notification dated 11.08.2026, apprehending that under the said notification, his services will be converted from existing service status of Chowkidar to that of Multi Task Worker. Petitioner further seeks direction to the respondents that he be not compelled to furnish an affidavit by 15.09.2026 as directed under 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 office letter dated 05.09.2026 (Annexure P-5) for unconditionally accepting downgrading his status to that of Multi Task Worker. Petitioner also seeks direction to the respondents to protect and continue his services as Chowkidar alongwith the regular pay scale already granted to him. 3. When the matter was taken up in the forenoon session, learned Assistant Advocate General was directed to have instructions in the matter. Instructions have now been placed on record from respondent No.2. In terms of the said office instructions, “…………… as the petitioner Sh. Jia Lal has been granted regular pay scales by the State Government, therefore, taking over his services is not regulated by the provision of Multi-Task Worker policy”. The office instructions read as under:- “With reference to your telephonic message conveyed to this office for imparting instructions in the aforesaid matter, in this regard it is submitted that as per the terms and condition fixed by the State Government vide order dated1lth August,2026 to lake over the services of the staff of ICSA, Dhalli, the petitioner Sh. Jia Lal has been granted regular pay scales by the State Government, therefore, taking over his services is not regulated by the provision of Multi- Task Worker policy. However, the affidavit is sought from all employees under take over arrangement for acceptance of the approval of the terms and conditions as contained in the aforesaid order of taking over their services under the State Government. 3 Further, since the process of taking over, as per the terms and conditions is under process and no offer of appointment has been issued to the concerned employees yet, hence the process of pay fixation etc. will be taken only after the aforesaid process gets completed and appointment offers are issued. It is pertinent to mention here that the matter of taking over is also subjudice in the Hon'ble Supreme Court of India in SLP No. 23161/2024, titled as State of H.P. & Ors vs. Kanta Devi and other connected matter and the aforesaid order containing the terms and conditions is under judicial review of the Hon'ble Apex Court.” 4. Learned Assistant Advocate General submits that in view of above office instructions, petitioner’s grievance at present is premature. There is no proposal to reduce the regular pay scale drawn by the petitioner as taking over his services is not regulated by the Multi-Task Worker Policy. In view of above, the present writ petition is disposed of reserving liberty to the petitioner to seek appropriate remedy in accordance with law at an appropriate stage, in case necessity so arises in future. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua September 14, 2026 Judge Mukesh