Extracted from the PDF above. The PDF is authoritative.
CWP-12820 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
224
1.
Jai Kishan
State of Haryana and others
2.
Rajender Parshad
State of Haryana and others
3.
Mahavir Singh and others
State of Haryana and others
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present: -
NIDHI GUPTA, J. (ORAL)
1.
being disposed of, as the fact identical. For brevity, the facts are being extracted from
2024. 12820-2024
-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-12820-2024
and others
Versus
State of Haryana and others
CWP-12651-2025
Rajender Parshad
Versus
State of Haryana and others
CWP-11542-2025
Mahavir Singh and others
Versus
State of Haryana and others
Date of
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Mr. Sandeep Singal, Advocate
for the petitioner(s) (in all cases).
Ms. Komal Sharma, DAG, Haryana.
Mr. Bhupender Singh, Advocate
for respondents No. 3 to 5 (in
NIDHI GUPTA, J. (ORAL)
By this common order, 03 aforementioned being disposed of, as the fact(s) and issue identical. For brevity, the facts are being extracted from
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
.… Petitioners
.... Respondents
.… Petitioner
.... Respondents
.… Petitioners
.... Respondents Date of decision: 27.07.2026
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Sandeep Singal, Advocate for the petitioner(s) (in all cases). Ms. Komal Sharma, DAG, Haryana. Mr. Bhupender Singh, Advocate for respondents No. 3 to 5 (in CWP-12651-2025). aforementioned writ petitions are and issue(s) involved therein are identical. For brevity, the facts are being extracted from CWP-12820-
petitions are involved therein are RISHU KATARIA 2026.07.29 11:27 I attest to the accuracy and authenticity of this
order/judgment. CWP-12820
2. have prayed for quashing the impugned orders dated 19.03.2024 and 03.04.2024 (Annexures P grant of 01 a service immediately on the next date of their per the rules i.e. Haryana Civil Services (Revised Pay) Rules, 2008 (hereinafter referred to as ‘the 2008 Rules’) rejected by completely ignoring the judgment dated 16.04.2024 (Annexure P
3. wrongly been declined to the which had already CWP-8364 Haryana and others
4. submits that instructions dated 16/17.09.2025 issued by the Finance Department, Government of Haryana where 12820-2024
-2-
By way of filing the present writ petition, the petitioner(s) have prayed for quashing the impugned orders dated 19.03.2024 and 03.04.2024 (Annexures P-8 and P-9, respectively) whereby the grant of 01 annual increment falling due on completion of 01 year of service immediately on the next date of their r the rules i.e. Haryana Civil Services (Revised Pay) Rules, 2008 (hereinafter referred to as ‘the 2008 Rules’) rejected by completely ignoring the judgment dated 16.04.2024 (Annexure P-6), passed by this Court. It is the case of the petitioner(s) that annual increment has wrongly been declined to them by referring to Rule 10 of the 2008 Rules; had already been read down by the Division Bench of this Court in 8364-2024 titled as ‘Suresh Kumar Singla and others Haryana and others’ decided on 16.04.2024. At the very outset, learned counsel for the petitioner(s) submits that the aforesaid Rule 10 has now been superseded instructions dated 16/17.09.2025 issued by the Finance Department, Government of Haryana wherein it is stated as
7. Now, the matter has been examined by the State Government in the Finance Department the orders dated 20.02.2025 of the Hon'ble Supreme Court passed in Misc. Application Diary No. 2400/2024 in Civil Appeal No. 3933 of 2023- Union of India & anr. Vs. M Siddaraj and memorandum dated 20.05.2025 of GoI, been decided to allow one notional increment to the State Government employees, who retired/are going to retire a day before it became/become due i.e. on 30th June/31st December after rendering the requisite qualifying service of one year as on the date of their super satisfactory work and good conduct only for the purpose of calculating the pension admissible to them.
mentioned in the orders of the Hon'ble Supreme Court, grant of the notional increment shall be reckoned
By way of filing the present writ petition, the petitioner(s) have prayed for quashing the impugned orders dated 19.03.2024 and 9, respectively) whereby their claim for increment falling due on completion of 01 year of service immediately on the next date of their retirement (i.e. 1st of July) as r the rules i.e. Haryana Civil Services (Revised Pay) Rules, 2008 (hereinafter referred to as ‘the 2008 Rules’) (Annexure P-4) has been rejected by completely ignoring the judgment dated 16.04.2024 the case of the petitioner(s) that annual increment has by referring to Rule 10 of the 2008 Rules; read down by the Division Bench of this Court in Suresh Kumar Singla and others vs. State of
16.04.2024. At the very outset, learned counsel for the petitioner(s) aforesaid Rule 10 has now been superseded by instructions dated 16/17.09.2025 issued by the Finance Department, it is stated as under:- Now, the matter has been examined by the State Government in the Finance Department and in pursuance to the orders dated 20.02.2025 of the Hon'ble Supreme Court passed in Misc. Application Diary No. 2400/2024 in Civil Union of India & anr. Vs. M Siddaraj and memorandum dated 20.05.2025 of GoI, it has to allow one notional increment to the State Government employees, who retired/are going to retire a day before it became/become due i.e. on 30th June/31st December after rendering the requisite qualifying service of one year as on the date of their superannuation with satisfactory work and good conduct only for the purpose of calculating the pension admissible to them.
As specifically mentioned in the orders of the Hon'ble Supreme Court, grant increment shall be reckoned only for the By way of filing the present writ petition, the petitioner(s) have prayed for quashing the impugned orders dated 19.03.2024 and claim for increment falling due on completion of 01 year of of July) as r the rules i.e. Haryana Civil Services (Revised Pay) Rules, 2008 4) has been rejected by completely ignoring the judgment dated 16.04.2024 the case of the petitioner(s) that annual increment has by referring to Rule 10 of the 2008 Rules; read down by the Division Bench of this Court in State of At the very outset, learned counsel for the petitioner(s) by instructions dated 16/17.09.2025 issued by the Finance Department, Now, the matter has been examined by the State and in pursuance to the orders dated 20.02.2025 of the Hon'ble Supreme Court passed in Misc. Application Diary No. 2400/2024 in Civil Union of India & anr. Vs. M it has to allow one notional increment to the State Government employees, who retired/are going to retire a day before it became/become due i.e. on 30th June/31st December after rendering the requisite qualifying service of annuation with satisfactory work and good conduct only for the purpose of As specifically mentioned in the orders of the Hon'ble Supreme Court, grant only for the RISHU KATARIA 2026.07.29 11:27 I attest to the accuracy and authenticity of this
order/judgment.
CWP-12820
5.
petitions may be disposed of with a direction to the respondent consider the case of all the petitioner(s) (in all cases) in terms of instructions dated 16/17.09 Government of Haryana. A copy of the aforesaid in Court is taken on record. 12820-2024
-3- purpose of calculating the pension admissible the purpose of calculating the
The benefit of this increment shall be granted in the following manner:- (a) The judgment dated 11.04.2023 of the Hon'ble Supreme Court passed in Civil Appeal No. 2471 of 2023 titled as The Director (Admn. and HR) KPTCL & Ors. Versus C.P. Mundinamani & Ors. will be given effect to in case of third parties from the date of the
judgment, that is, the pension by taking into account one increment will be payable on and after
01.05.2023. Enhanced pension for the period prior to 30.04.2023 will not be paid. (b) For persons who have filed writ petitions and succeeded, the directions given in
judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid. (c) The direction in (b) will not apply, where the
judgment has not attained finality, and cases where an appeal has been pr is entertained by the appellate court. (d) In case any retired employee filed an application for intervention/ impleadment/ writ petition/ original application before the Central Administrative Tribunal/High Courts/this Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/impleadment/writ petition/ original application was filed. (f) Further, clause (d) will not apply to the ret government employee who filed a writ petition/ original application or an application for intervention before the Central Administrative Tribunal/High Courts/this Court after the
judgment dated 19.05.2023 in “Union of India & anr. Vs. M. Siddaraj”, as clause (a) will apply.
It is accordingly, prayed that may be disposed of with a direction to the respondent consider the case of all the petitioner(s) (in all cases) in terms of ctions dated 16/17.09.2025 issued by the Government of Haryana. A copy of the aforesaid in Court is taken on record.
se of calculating the pension admissible and not for the purpose of calculating the other pensionary benefits. The benefit of this increment shall be granted in the The judgment dated 11.04.2023 of the Hon'ble Supreme Court passed in Civil Appeal No. 2471 of 2023 titled as The Director (Admn. and HR) KPTCL & Ors. Versus C.P. Mundinamani & Ors. will be given effect to in case of third parties from the date of the pension by taking into account one increment will be payable on and after
01.05.2023. Enhanced pension for the period prior to 30.04.2023 will not be paid. For persons who have filed writ petitions and succeeded, the directions given in the said
judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid. The direction in (b) will not apply, where the
judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court. In case any retired employee filed an application for intervention/ impleadment/ writ petition/ original application before the Central Administrative Tribunal/High Courts/this Court, anced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/impleadment/writ petition/ original application was filed. Further, clause (d) will not apply to the retired government employee who filed a writ petition/ original application or an application for intervention before the Central Administrative Tribunal/High Courts/this Court after the
judgment dated 19.05.2023 in “Union of India & anr. Vs. M. Siddaraj”, as in such cases, clause (a) will apply.” It is accordingly, prayed that all the 03 aforementioned writ may be disposed of with a direction to the respondent-State to consider the case of all the petitioner(s) (in all cases) in terms of 2025 issued by the Finance Department, Government of Haryana. A copy of the aforesaid Instructions handed over for The benefit of this increment shall be granted in the The judgment dated 11.04.2023 of the Hon'ble Supreme Court passed in Civil Appeal No. 2471 of 2023 titled as The Director (Admn. and HR) KPTCL & Ors. Versus C.P. Mundinamani & Ors. will be given effect to in case of third parties from the date of the pension by taking into account one increment will be payable on and after
01.05.2023. Enhanced pension for the period prior to For persons who have filed writ petitions and the said
judgment will operate as res judicata, and accordingly, an enhanced pension by taking one The direction in (b) will not apply, where the
judgment has not attained finality, and cases eferred, or if filed, In case any retired employee filed an application for intervention/ impleadment/ writ petition/ original application before the Central Administrative Tribunal/High Courts/this Court, anced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/impleadment/writ ired government employee who filed a writ petition/ original application or an application for intervention before the Central Administrative Tribunal/High Courts/this Court after the
judgment dated 19.05.2023 in “Union of India in such cases, all the 03 aforementioned writ State to consider the case of all the petitioner(s) (in all cases) in terms of Finance Department, nstructions handed over RISHU KATARIA 2026.07.29 11:27 I attest to the accuracy and authenticity of this
order/judgment.
CWP-12820
6.
aforesaid submissions of
7.
8.
are disposed of with a direction to the respondent case of all the petitioner(s) (in all cases) 16/17.09.2025 issued by the Finance Department, Government of Haryana and pass a speaking order thereupon within a period of 3 months from today
9.
disposed of.
10.
connected case
27.07.2026 rishu
12820-2024
-4-
Learned counsel for the respondent aforesaid submissions of learned counsel for petitioners.
Heard.
In view of the above, all the aforementioned 03 writ petitions are disposed of with a direction to the respondent case of all the petitioner(s) (in all cases) 16/17.09.2025 issued by the Finance Department, Government of and pass a speaking order thereupon within a period of from today.
Pending application(s) (in all cases)
disposed of.
A photocopy of this order be placed on the file connected cases. 2026
Whether speaking/reasoned
Whether Reportable
Learned counsel for the respondent-State has not disputed the
learned counsel for petitioners. In view of the above, all the aforementioned 03 writ petitions are disposed of with a direction to the respondent-State to consider the in terms of Instructions dated 16/17.09.2025 issued by the Finance Department, Government of and pass a speaking order thereupon within a period of (in all cases) if any also stand(s) photocopy of this order be placed on the files of other
( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No
Yes/No State has not disputed the In view of the above, all the aforementioned 03 writ petitions State to consider the ated 16/17.09.2025 issued by the Finance Department, Government of and pass a speaking order thereupon within a period of of other RISHU KATARIA 2026.07.29 11:27 I attest to the accuracy and authenticity of this
order/judgment.