IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P.(T) - No. 4658 of 2008 Date of decision: 12. 8. 2010 Devki Nandan & another …..Petitioner Versus State of H.P. and others. ……Respondents Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . For the petitioner: Mr. Yudhvir Singh, Advocate. For the respondents : Mr. J. S. Rana, Assistant Advocate General. Advocate for respondents No. 1 and 2. Surinder Singh, J (oral). CMP(T) No. 365/2010. Not opposed hence allowed. The name of respondent No. 4 is ordered to be deleted from the array of the respondents. The application stands disposed of. C.W.P.(T) - No. 4658 of 2008 Heard. 2. Petitioners were working as Lab Assistants in National College, Amb which was taken over by the State government vide notification dated 18th June, 1997, but their services were not taken over on the ground that they were 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes. - 2 - not receiving the salary out of the grant-in-aid released by the State Government nor their posts were approved by the Competent Authority. Thus Administrator of the said College issued Annexure A-1 terminating their services . The petitioners filed the present petition before the Erstwhile Tribunal and sought stay vide order dated 20.10.1997. Later, the services of the petitioners as Lab. Assistants were taken over w.e.f. 30.3.1999 whereas the services of some other staffs were taken over w.e.f. 18th June, 1997. 3. The similarly situated employee Sh. Ravinder Verma, a clerk of the said College had also filed CWP(T) No. 4659 of 2008 wherein his services were taken over on 30.3.1998 and on a similar plea. The Coordinate Bench of this Court vide order dated 29th March, 2010 held that there was no reason as to why the services of the said petitioner could not be taken over w.e.f. 18th June, 1997 as such his plea was allowed. 4. The petitioners herein are also similarly situated persons. Their services were taken over w.e.f. 30.3.1999 as against the services of the other staff members, which was taken over w.e.f. 18th June, 1997. Therefore, the petitioners cannot be treated differently. Hence the respondents are directed to consider the case of the petitioners for taking over their services w.e.f. 18th June, 1997 instead of 30th March, 1999 with all legal consequential benefits. Respondents are further directed to finalize the - 3 - matter within two months from the receipt of certified copy of this judgment. In the above terms, the petition stands disposed of. August 12, 2010 (Surinder Singh, J (cm)