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High Court of Punjab and Haryana · body

2007 DAILYLAW 2370 (PNJ)

SALO v. STATE OF HARYANA AND OTHERS

CWP/29610/2026 · 2026-09-11

Nidhi Gupta

body2007

Judgment text

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CWP-29610 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 118 Salo State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. Constitution of India has been filed by the petitioner for issuance of a writ in the nature of service of petitioner Government service rendered service rendered in the Department of School Education, Haryana from 11.01.2007 to 30.08.2011 and thereafter in the Directorate Country Planning, Haryana from 19.10.2011 onwards, as continuous service in t by the Hon’ble Supreme Court as well as by this Court along with all consequenti actual payment; decide her representation dated 27.04.2026 (Annexure P reasoned and speaking order within a time bound period; respondents be also directed to grant the petitioner the regular pay scale applicable to regular Data Ent 29610-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Versus State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Ravinder Malik, Advocate for the petitioner. NIDHI GUPTA, J. (ORAL) Present writ petition under Article Constitution of India has been filed by the petitioner for issuance of a writ in the nature of Mandamus directing the respondents to regularize the service of petitioner on the post of Data Entry Operator by treating her Government service rendered from 11.01.2007 onwards including the service rendered in the Department of School Education, Haryana from 11.01.2007 to 30.08.2011 and thereafter in the Directorate Country Planning, Haryana from 19.10.2011 onwards, as continuous service in terms of the applicable Regularization Policy, the Hon’ble Supreme Court as well as by this Court along with all consequential benefits and interest @ 18% per annum from due date till actual payment; and further, directing the respondents decide her representation dated 27.04.2026 (Annexure P reasoned and speaking order within a time bound period; respondents be also directed to grant the petitioner the regular pay scale applicable to regular Data Entry Operator(s) holding identical or similar 4 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-29610-2026 Date of Decision: 11.09.2026 .… Petitioner .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA , Advocate for the petitioner. etition under Articles 226/227 of the Constitution of India has been filed by the petitioner for issuance of a writ the respondents to regularize the on the post of Data Entry Operator by treating her from 11.01.2007 onwards including the service rendered in the Department of School Education, Haryana from 11.01.2007 to 30.08.2011 and thereafter in the Directorate of Town and Country Planning, Haryana from 19.10.2011 onwards, as continuous erms of the applicable Regularization Policy, the law laid down Hon’ble Supreme Court as well as by this Court along with all and interest @ 18% per annum from due date till further, directing the respondents to consider and decide her representation dated 27.04.2026 (Annexure P-7) by passing a reasoned and speaking order within a time bound period; and the respondents be also directed to grant the petitioner the regular pay scale ry Operator(s) holding identical or similar of the Constitution of India has been filed by the petitioner for issuance of a writ the respondents to regularize the on the post of Data Entry Operator by treating her from 11.01.2007 onwards including the service rendered in the Department of School Education, Haryana from of Town and Country Planning, Haryana from 19.10.2011 onwards, as continuous laid down Hon’ble Supreme Court as well as by this Court along with all and interest @ 18% per annum from due date till to consider and 7) by passing a the respondents be also directed to grant the petitioner the regular pay scale ry Operator(s) holding identical or similar RISHU KATARIA 2026.09.11 19:45 I attest to the accuracy and authenticity of this order/judgmdent. CWP-29610 posts under the doctrine of “Equal Pay for Equal Work” together with all consequential benefits including pay fixation, annual increments, dearness allowance, continuity of service, notional seniority, arrears an admissible service benefits, along with interest @ 6% per annum from the date the amounts became due till the date of actual payment. 2. initially, the petitioner was engaged Operator vide letter dated 11.01.2007 (Annexure P of School Education, Haryana and discharged her duties in the said Department till 30.08.2011. Thereafter, the petitioner was again engaged through HARTRON on the (Annexure P Haryana, against sanctioned post on the basis of past experience. then the petitioner is working with the respondent continuously and to the satisfaction of respondent is further submitted that v was acknowledged that the past service of the petitioner w.e.f. 11.01.2007 to 30.08.2011 shall be treated as contin entitled for regularization of Hon’ble Apex Court in online SC 3826 squarely covered 12.05.2026 (Annexure P a bunch of writ petitions having lead case ‘Deepak Singh and others 29610-2026 posts under the doctrine of “Equal Pay for Equal Work” together with all consequential benefits including pay fixation, annual increments, dearness allowance, continuity of service, notional seniority, arrears an admissible service benefits, along with interest @ 6% per annum from the date the amounts became due till the date of actual payment. Learned counsel for the petitioner initially, the petitioner was engaged through Operator vide letter dated 11.01.2007 (Annexure P of School Education, Haryana and discharged her duties in the said Department till 30.08.2011. Thereafter, the petitioner was again engaged through HARTRON on the same post vide letter dated (Annexure P-2) in the Directorate of Town and Country Planning, Haryana, against sanctioned post on the basis of past experience. then the petitioner is working with the respondent usly and to the satisfaction of respondent is further submitted that vide letter dated was acknowledged that the past service of the petitioner w.e.f. 11.01.2007 to 30.08.2011 shall be treated as continuous. entitled for regularization of her service in view of Hon’ble Apex Court in Jaggo vs. Union of India and others, 2024 SCC online SC 3826. It is also submitted that c squarely covered by the ratio of a recent judgment of this Court dated 12.05.2026 (Annexure P-8) passed by a co- a bunch of writ petitions having lead case Deepak Singh and others vs. State of Ha 4 posts under the doctrine of “Equal Pay for Equal Work” together with all consequential benefits including pay fixation, annual increments, dearness allowance, continuity of service, notional seniority, arrears and all other admissible service benefits, along with interest @ 6% per annum from the date the amounts became due till the date of actual payment. Learned counsel for the petitioner inter alia submits that through HARTRON as Data Entry Operator vide letter dated 11.01.2007 (Annexure P-1) in the Department of School Education, Haryana and discharged her duties in the said Department till 30.08.2011. Thereafter, the petitioner was again engaged same post vide letter dated 19.10.2011 Directorate of Town and Country Planning, Haryana, against sanctioned post on the basis of past experience. Since then the petitioner is working with the respondent-Department regularly, usly and to the satisfaction of respondent-Department till date. It ide letter dated 09.03.2017 (Annexure P-5) it was acknowledged that the past service of the petitioner w.e.f. 11.01.2007 uous. As such, the petitioner is service in view of law laid down by the Jaggo vs. Union of India and others, 2024 SCC It is also submitted that case of the petitioner is also recent judgment of this Court dated -ordinate Bench of this Court in No. CWP-1770-2026, titled as State of Haryana and others’. In this posts under the doctrine of “Equal Pay for Equal Work” together with all consequential benefits including pay fixation, annual increments, dearness d all other admissible service benefits, along with interest @ 6% per annum from the submits that as Data Entry 1) in the Department of School Education, Haryana and discharged her duties in the said Department till 30.08.2011. Thereafter, the petitioner was again engaged .10.2011 Directorate of Town and Country Planning, Since Department regularly, It 5) it was acknowledged that the past service of the petitioner w.e.f. 11.01.2007 is the Jaggo vs. Union of India and others, 2024 SCC ase of the petitioner is also recent judgment of this Court dated ordinate Bench of this Court in , titled as In this RISHU KATARIA 2026.09.11 19:45 I attest to the accuracy and authenticity of this order/judgmdent. CWP-29610 regard, the (Annexure P response has been received, so far. 3. petitioner would be satisfied disposed of with a direction to the respondents the representation dated 27.04.2026 (Annexure P manner, while keeping in mind judg Jaggo’s case (supra Singh’s case (supra) 4. 5. behalf of res the aforesaid limited prayer of learned counsel for the petitioner is accepted. However, it is service tenure of the petitioner needs to be ascertaine has rendered continuous and satisfactory service to make regularization. 6. expressing any opinion on the merits of the claim raised by the petitioner direction to forthwith (Annexure P with law, within a period of 29610-2026 regard, the petitioner has also moved a representation dated (Annexure P-7) before the respondent upon the response has been received, so far. Learned counsel for the petitioner petitioner would be satisfied at this stage if disposed of with a direction to the respondents representation dated 27.04.2026 (Annexure P while keeping in mind judgment of the case (supra) as well as judgment Singh’s case (supra). Notice of motion. Mr. Aakash Singla, Addl. A.G., Haryana behalf of respondent-State and submits that the aforesaid limited prayer of learned counsel for the petitioner is However, it is submitted by learned State counsel that the service tenure of the petitioner needs to be ascertaine rendered continuous and satisfactory service to make regularization. After hearing learned counsel expressing any opinion on the merits of the claim raised by the in the present petition, the same is direction to the respondents/Competent Authority, concerned consider and decide the representation dated 27.04.2026 (Annexure P-7) by passing a speaking and reasoned order, in accordance th law, within a period of 06 months from the date of receipt of 4 petitioner has also moved a representation dated 27.04.2026 upon the respondents. However, no earned counsel for the petitioner submits that the if the present petition may be disposed of with a direction to the respondents to consider and decide representation dated 27.04.2026 (Annexure P-7) in a time bound ment of the Hon’ble Apex Court in as well as judgment of this Court in Deepak Mr. Aakash Singla, Addl. A.G., Haryana, accepts notice on State and submits that he has ‘no objection’ in case, the aforesaid limited prayer of learned counsel for the petitioner is submitted by learned State counsel that the service tenure of the petitioner needs to be ascertained as to whether she rendered continuous and satisfactory service to make her eligible for After hearing learned counsel for the parties and without expressing any opinion on the merits of the claim raised by the the present petition, the same is disposed of with a the respondents/Competent Authority, concerned, to representation dated 27.04.2026 by passing a speaking and reasoned order, in accordance from the date of receipt of a . However, no accepts notice on the aforesaid limited prayer of learned counsel for the petitioner is submitted by learned State counsel that the whether she eligible for RISHU KATARIA 2026.09.11 19:45 I attest to the accuracy and authenticity of this order/judgmdent. CWP-29610 certified copy of this order by the Hon’ble of this Court in 7. 11.09.2026 rishu 29610-2026 certified copy of this order, while keeping in mind the judgment by the Hon’ble Apex Court in Jaggo’s case of this Court in Deepak Singh’s case (supra) Pending application(s) if any also stand(s) disposed of. .09.2026 Whether speaking/reasoned Whether Reportable , while keeping in mind the judgment passed case (supra) as well as judgment Deepak Singh’s case (supra). Pending application(s) if any also stand(s) disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No RISHU KATARIA 2026.09.11 19:45 I attest to the accuracy and authenticity of this order/judgmdent.