Shimla (Himachal Pradesh): The Himachal Pradesh High Court has directed the state government to take over the services of three employees of Government Sanskrit College, Dangar, with retrospective effect from June 17, 2021, setting aside an earlier order that had rejected their claim.
Justice Sandeep Sharma, allowing a petition filed by Raman Kumar and others, quashed the impugned office order of January 6, 2025, and ordered that the petitioners -- working as Clerk, Darashanacharya, and Peon -- be granted all consequential benefits, including arrears of salary.
The court also imposed a cost of Rs 25,000 on the state, observing that the petitioners had been "unnecessarily dragged into litigation" and had served the college without pay since June 2021.
About The Dispute
The dispute arose after the state took over the erstwhile privately managed Shri Sarswati Sanskrit College, Dangar, on June 17, 2021, along with teaching and non-teaching staff, under Clause 7 of a 1994 notification. Although the petitioners had been employed at the college since 2017-2018 and later regularised, their services were not absorbed.
The High Court noted that in a previous ruling on May 31, 2024, a Division Bench had already held that such staff -- provided they were appointed at least one year before the takeover -- were entitled to be considered for absorption.
Rejecting the government's interpretation that the one-year condition should be counted from the date of inspection (April 10, 2019), Justice Sharma said Clause 7 "nowhere makes any distinction between temporary and regular employees" and clearly applies to those appointed one year before the date of takeover.
"The petitioners had been working one year prior to the takeover of the college, and their services were required to be taken over in any situation," the court observed, terming the state's stand "absurd" and contrary to the earlier binding judgment.
The court directed the government to complete the takeover process within six weeks and to pay all arrears and benefits to the petitioners.
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