When The State Takes Over A College, It Takes Over The Years Served Too
A library restorer's college was taken over by the State in 2005. His earlier service was ignored when promotions were made. The High Court has ordered him promoted from 2009, above the man who overtook him.
The Court held that the service he rendered in the erstwhile private college must be counted for promotion. Eligibility and seniority are different things: past permanent service counts towards eligibility even where seniority starts afresh. Since a colleague transferred in had his past service counted, the petitioner was entitled to be promoted from 24 January 2009, with seniority above him and arrears.
- Eligibility is not seniority. Years already served count towards qualifying for promotion.
- Equal treatment decided it — a colleague's past service had been counted; his could not be ignored.
- Arrears carry a deadline: six months, or 6 per cent interest.
- Vacancies existed when he became eligible, so there was no reason to wait until 2011.
- Court
- High Court of Himachal Pradesh at Shimla
- Bench
- Justice HON'BLE MR. JUSTICE JIYA LAL BHARDWAJ
- Citation
- CWPOA No. 862 of 2019
- Case
- CWPOA No. 862 of 2019
- Decided
- 8 September 2026
- Outcome
- Writ petition allowed; promotion backdated to 2009 with seniority and arrears
The facts
The petitioner was appointed a Library Restorer in 1996 at a privately managed degree college in Kangra that received 95 per cent grant-in-aid. He earned a Diploma in Library Science in 1997.
The State took over the college's staff with effect from November 2005, including him, as a Library Restorer. The 2000 rules let Restorers with the diploma and five years' regular service be promoted Assistant Librarian.
In January 2009 the State promoted another employee, transferred from Mandi at his own request, counting his earlier service. The petitioner's college years were ignored and he was promoted only in 2011.
What the Court held
Relying on Supreme Court authority, the Court held that service rendered where an employee held a permanent post cannot be excluded when determining eligibility for promotion, even if he is placed at the bottom of a seniority list. Eligibility for promotion cannot be confused with seniority.
The service rendered in the erstwhile college therefore had to be counted. Since the other employee's service had been counted, the petitioner was entitled to promotion from the date that employee was promoted, and vacancies were available at that time.
The relief
The State must promote the petitioner Assistant Librarian with effect from 24 January 2009, with all consequential benefits, and place him above the other employee in seniority.
The arrears must be paid within six months, failing which interest at 6 per cent a year runs until payment.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Does service before a college takeover count for promotion?
For eligibility, yes — the Court held it must be counted.
Is eligibility the same as seniority?
No. Past service can make you eligible even if your seniority starts afresh.
If your earlier service was ignored for promotion
- Collect proof of your appointment and qualifications before the takeover or transfer.
- Find out whose past service was counted and compare.
- Separate the eligibility argument from any seniority dispute.
- Ask for promotion from the date a junior was promoted.
Source. High Court of Himachal Pradesh at Shimla, CWPOA No. 862 of 2019, decided 8 September 2026 by Justice HON'BLE MR. JUSTICE JIYA LAL BHARDWAJ. This explainer is written from the judgment text as reported.
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