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231 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6753-2022 Date of decision: 07.07.2026 Bijender Singh
....Petitioner
Versus State of Haryana and others ...Respondents
CORAM:
HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Rajender Singh Malik, Advocate for the petitioner. Mr. R.S. Budhwar, Addl.A.G., Haryana and Mr. Rajiv Malhotra, DAG, Haryana.
HARPREET SINGH BRAR, J. (ORAL)
1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus for directing the respondents to search the service book and re-fix the salary and pay scale to the petitioner along with similarly situated Masters and also to condone the break period in service along with all consequential benefits and also along with 24% interest per annum.
2.
Learned counsel for the petitioner, at the outset, submits that during the pendency of the present petition, the service record of the petitioner has been traced and as such, the petitioner's claim is required to be considered in the light of the said service record.
3.
Learned counsel for the petitioner further submits that he would be satisfied if a direction is issued to respondent No.2 to consider and decide the petitioner's claim on the basis of a fresh representation by passing a speaking
order. NEHA 2026.07.08 14:44 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh
CWP-6753-2022 -2-
4. Learned State counsel affirms that service book of the petitioner has been traced, as such, his claim would be considered by passing a speaking
order in accordance with the law by respondent No.2.
5. In view of the submissions made by learned counsel for the parties, the present writ petition is disposed of with a direction to the petitioner to submit a fresh representation before respondent No.2 within a period of 04 weeks from the date of receipt of the certified copy of this order. Upon receipt of the same, respondent No.2 shall consider and decide the claim of the petitioner by passing a reasoned and speaking order, in accordance with law, within a period of 08 weeks thereafter. Further, the decision taken thereof shall be conveyed to the petitioner. In case, the petitioner is found entitled to the relief sought, the same shall be granted forthwith by respondent No.2.
6. Needless to say that since the respondent-Department is the custodian of the petitioner's service record, the petitioner cannot be made to suffer on account of the misplacement of the said record. Accordingly, in the event the petitioner is found entitled to any monetary benefits, the same shall carry interest @ 6% per annum from the date the amount became due till the date of its actual realization.
(HARPREET SINGH BRAR) JUDGE 07.07.2026 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NEHA 2026.07.08 14:44 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh