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 _____________________________________________________________________ Coram 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 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. 3. The respondents-State issued Noti;cation on 06.02.2007 (Annexure P-2) to take over Kanwar Durga Chand Memorial College Jaisinghpur, 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 Noti;cation 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. 3 6. Respondent No.2 vide o>ce 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 21.06.2010. 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 his salary has not been paid to him. 8. The respondents ;led 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 sta@ 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 4 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 sta@, 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 Advocate General for the respondents-State and also perused the record carefully. 10. It is not in dispute that vide noti;cation 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 e@ect and in public interest. It is also not in dispute that the State Government vide their o>ce orders had taken over the services of the employees w.e.f. 06.02.2007, when the Noti;cation of taking over the college was issued and further the salary of the sta@ taken over have been released w.e.f. 06.02.2007 to 5 21.06.2010. 11. The plea, which has been taken by the respondents- State, is that since on the date of taking over the services of other sta@ as on 21.06.2010, the petitioner was not on the roll of respondent No.3-College, thus he is not entitled to the salary for the period w.e.f. 06.02.2007 to 20.08.2009. The said plea cannot be countenanced for the simple reason that the respondents have not denied the factum that the petitioner had discharged his duties with respondent No.3-College w.e.f. 06.02.2007 to 20.08.2009. 12. Once the petitioner had served respondent No.3- college, the petitioner is held entitled to get the salary of the period mentioned above. 13. The petitioner could have been denied the bene;t of salary in case he had not served the respondents-State after taking over of the College. 14. A perusal of the Noti;cation clearly reveals that the college was taken over with immediate e@ect in public interest. 6 Once, the petitioner had discharged his duties coupled with the fact that other employees, who had also served with him in the College, have been paid the salary for the period of which the petitioner had also served, he cannot be discriminated only on the plea that on the date when the o>ce order dated 21.06.2010 was passed, he was not in service. 15. The respondents could have denied him the bene;t of taking over his services, in case, he was not serving on the said date, when the o>ce order dated 21.06.2010 was passed by respondent No.2, but he could not be denied the salary for the period he had served the respondents-State and this action on the part of the respondents-State is wholly unjusti;ed, arbitrary and untenable in the eyes of law. 16. Consequently, the present petition is allowed and the respondents are directed to release the salary to the petitioner for the period from 06.02.2007 to 20.08.2009 within a period of three months from today. In case, the salary is not paid to the petitioner within the aforementioned period, the 7 same shall carry interest @6% per annum from due date till its payment. 17. The petition is accordingly disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of. 17 th March, 2026 ( Jiya Lal Bhardwaj ) (ankit) Judge