Himachal Pradesh High Court
Sanjeev Sharma & Ors vs State Of H.P. & Anr on 7 August, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
Decided on: 07.08.2025
.
Sanjeev Sharma & Ors. ...Petitioners
Versus
State of H.P. & Anr. ....Respondents.
...........................................................................................
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? 1
For the petitioners: Mr. Surinder Saklani, Advocate.
For the respondents: Mr. Anup Rattan, Advocate
r General with Mr. L.N. Sharma,
Additional Advocate General.
Jyotsna Rewal Dua, J
Petitioners were employees of three privately managed
schools. These schools were in receipt of 95% grant-in-aid from the
State Government. Petitioners were accordingly being released 95%
of their salaries from such grant-in-aid received by the schools from
the State Government. Grant-in-aid was released to the petitioners till
the year 2012. Services of the petitioners were thereafter taken over
along with several other such 95% aided staff by the State
Government as per provisions of State Policy dated 20.07.2011.
Petitioners instituted Sanjeev Sharma & Ors. Vs. State of H.P. &
1 Whether reporters of the local papers may be allowed to see the judgment? yes
Ors.2 seeking directions to the respondents to take over their services
as per notification dated 25.08.1994. The writ petition was disposed
of on 16.09.2023 reserving liberty to the petitioners to represent to
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the respondents with their grievances with further direction to the
respondents to consider such representation within time bound
schedule. Representation so preferred by the petitioners on
12.10.2023 was rejected by the respondents on 12.12.2023, hence,
the petitioners have instituted this writ petition.
2.
the case file.
3.
r to
Heard learned counsel for the parties and considered
The sole contention urged for the petitioners is that their
services were required to be taken over in terms of notification dated
25.08.1994. Had the respondents taken over petitioners' services
under the said notification, the service rendered by the petitioners in
the 95% aided schools would have been counted for the purposes of
seniority and all other consequential benefits viz. pay and arrears etc.
Services of the petitioners in that eventuality would have been taken
over by the respondents on the posts of Senior Assistant (for
petitioner No.1) and Junior Assistant (for petitioners No.2 & 3).
Learned counsel for the petitioners' inviting attention to notification
dated 04.01.2007 (Annexure P-13) pointed out that the respondents
had taken over the services of staff of a 95% aided school under
notification dated 25.08.1994.
4. Notification dated 25.08.1994 has been placed on
.
record at Annexure P-6. The said notification had been issued by the
State Government framing terms and conditions "for taking over
'privately managed colleges in the State (affiliated) including their
teaching and non-teaching staff". The said notification has no
applicability to the cases of the petitioners, who had been serving in
Government.
r to
privately managed schools aided to the extent of 95% by the State
Further, services of the petitioners were taken over by
the respondents admittedly under policy/guidelines circulated on
20.07.2011 subject to terms & conditions mentioned therein. The said
policy has been placed on record at Annexure P-7. The policy is
regarding taking over of 95% aided schools. In terms of the policy,
services of employees both teaching and non-teaching in the 95%
aided schools were to be taken over in situations, (A) where
management was willing to transfer the school alongwith movable
and immovable assets to the State Government & (B) where the
management was unwilling to handover the school. In both the
situations, services of teaching and non-teaching employees in
receipt of grant-in-aid from the State Government could be taken over
subject to terms and conditions mentioned therein. Some of the
relevant conditions are: - "(3) The services of the staff working in 95%
aided schools shall be taken over as a fresh appointment on regular
basis on minimum of pay scale of the post. However, their salaries
.
shall be protected as a measure personal to them. The past service
rendered in aided institutions shall not be counted for any other intent
and purpose i.e. seniority, pensionary benefits and leave etc. They
will be placed at the bottom of the seniority list." and
(7) The management and teaching and Non-teaching staff
of the aided institution are required to furnish individual affidavits duly
countersigned by the concerned Teshildar/SDM of the concerned
area, to the Education Department on the above point."
The respondents along with their reply have placed on
record the affidavits furnished by all the petitioners giving their
willingness to be absorbed in the respondents-Education Department
as per terms and conditions of the guidelines/policy for taking over
their services as employees of 95% aided schools. Some relevant
portion from the undertakings given by the petitioners at the time of
taking over of their services is as under: -
"1. That I am willing to be absorbed in the Department of
Education, HP as per the term and conditions of the guidelines to
take over the services of the employees of 95% aided schools.
2. That I am willing to work as fresh appointee, on regular
basis on minimum of the pay scale of the post. If my salary is
protected as a measure personal to me. I will not claim any
seniority, pensionary and leave benefits from the Government in
lieu of the services rendered in 95% aided privately institution prior
to taking over my services.
3. That I work as Principal/ Headmaster in 95% Government
aided institute prior to taking over my service as per the terms and
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conditions of the guidelines for taking over services of employees
of 95% aided institution. I will accept the post of Lecture TGT as
per eligibility and R&P Rules applicable to the post.
4. That I will not claim any benefits in any way for the past
services rendered in private institution after taking over my
services......."
The petitioners had themselves furnished their affidavits
that their past services rendered in 95% aided institutions were not
liable to be counted for the purposes of seniority, pensionary benefits
and leave etc. That after taking over of their services, they would
work as fresh appointee on regular basis on minimum of pay-scale of
the post with their salaries protected as measure personal to them.
The notification dated 04.01.2007 will also not advance
the case of the petitioners. Under the said notification, services of the
teaching and non-teaching staff of erstwhile DAV College, Daulatpur
Chowk, District Una were taken over along with an attached Senior
Secondary School in terms of notification dated 25.08.1994.
Also, petitioners have themselves placed on record a
notification issued by the State on 05.12.2011 (Annexure P-8) taking
over services of 95% aided staff of several privately managed & 95%
aided schools in accordance with 20.07.2011
circular/guidelines/policy. Petitioners were also employees of
erstwhile 95% aided schools, they had consented & had furnished
affidavits for taking over their services as per terms & conditions of
20.07.2011 guidelines/policy. It is not their case that while taking over
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their services, the respondents-State had discriminated them qua all
other 95% aided staff of their school & of several other schools whose
services were taken over on same terms and conditions stipulated in
20.07.2011 guidelines/policy.
No other point was urged.
5.
In light of above facts, contention of petitioner that their
services were required to be taken over under notification dated
25.08.1994 is without any merit. Accordingly, the present petition fails
and is dismissed. Pending miscellaneous application(s), if any, shall
also stand disposed of.
Jyotsna Rewal Dua
Judge
07th August, 2025(rohit)
