IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 125 Ram Avtar State of Haryana CORAM: HON'BLE MS. JUSTICE Present:- Mr. Shashikant Gupta, for the petitioner Ms. Tanushree Gupta, Addl. A. G. Haryana. ***** NIDHI GUPTA, J. Present Civil Writ Petition under Articles 226/227 of the Constitution of India has been filed by the petitioner for issuance of a writ nature of Certiorari (Annexure P-10) as well as order dated 27.11.2024 (Anneuxre P passed by the respondents and issue a writ in the nature of Mandamus directing the respondents to treat the entire suspension for all intents and purposes, Re due annual increments (restoring basic pay progression from Rs.4400/ Rs.4700/- per month and onwards); and calculate and release all re arrears of salary, pension, gratuity, and leave encashment along with interest @ IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-28276 Date of Decision: Versus Haryana and others HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Shashikant Gupta, Advocate or the petitioner. (on V.C.) Ms. Tanushree Gupta, Addl. A. G. Haryana. ***** Present Civil Writ Petition under Articles 226/227 of the Constitution of India has been filed by the petitioner for issuance of a writ Certiorari for quashing of the impugned order dated 11.03.2013 10) as well as order dated 27.11.2024 (Anneuxre P passed by the respondents and issue a writ in the nature of Mandamus directing the respondents to treat the entire suspension period as period spent on duty for all intents and purposes, Re-fix the basic pay of the petitioner by granting all due annual increments (restoring basic pay progression from Rs.4400/ per month and onwards); and calculate and release all re arrears of salary, pension, gratuity, and leave encashment along with interest @ IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 28276-2026 (O&M) Date of Decision:- 03.09.2026 … Petitioner ... Respondents NIDHI GUPTA Ms. Tanushree Gupta, Addl. A. G. Haryana. Present Civil Writ Petition under Articles 226/227 of the Constitution of India has been filed by the petitioner for issuance of a writ in the for quashing of the impugned order dated 11.03.2013 10) as well as order dated 27.11.2024 (Anneuxre P-14) respectively passed by the respondents and issue a writ in the nature of Mandamus directing period as period spent on duty fix the basic pay of the petitioner by granting all due annual increments (restoring basic pay progression from Rs.4400/- to per month and onwards); and calculate and release all resultant arrears of salary, pension, gratuity, and leave encashment along with interest @ Present Civil Writ Petition under Articles 226/227 of the in the for quashing of the impugned order dated 11.03.2013 14) respectively passed by the respondents and issue a writ in the nature of Mandamus directing period as period spent on duty fix the basic pay of the petitioner by granting all to sultant arrears of salary, pension, gratuity, and leave encashment along with interest @ NEELAM KUMARI 2026.09.03 18:39 I attest to the accuracy and integrity of this document CWP-28276-2026 18% per annum from the due date until actual realization and in the alternative issue appropriate direction to the respondents to consider and decide the legal notice dated 13.08.2025 (Annexure P order within some short stipulated period. 2. At the very outset, ld petitioner would be satisfied, at this stage, if the instant petition with a direction is to the respondents 13.08.2025 (Annexure P 3. Notice of motion. 4. Ms. Tanushree Gupta, Addl. A.G., Haryana of respondent-State and submits that she has ‘no objection’ in case, the aforesaid limited prayer of learned counsel for the petitioner is accepted. 5. Heard. 6. Without expressing any opinion on the merits of the claim raised by the petitioner, and in is disposed of concerned to consider and decide the P-16) by passing a speaking and reasoned order, period of 06 months 7. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner to authority shall take an independent decision in accordance with the applicable rules and regulations. 6 (O&M) - 2 - 18% per annum from the due date until actual realization and in the alternative issue appropriate direction to the respondents to consider and decide the legal dated 13.08.2025 (Annexure P-16) by passing speaking and well reasoned order within some short stipulated period. At the very outset, ld. counsel for the petitioner submits that the would be satisfied, at this stage, if the instant petition with a direction is to the respondents to decide the legal notice dated (Annexure P-16) filed by the petitioner, in a time bound manner. Notice of motion. Ms. Tanushree Gupta, Addl. A.G., Haryana State and submits that she has ‘no objection’ in case, the aforesaid limited prayer of learned counsel for the petitioner is accepted. Heard. Without expressing any opinion on the merits of the claim raised by the petitioner, and in view of the limited relief sought, the present writ petition with a direction to respondent(s)/ Competent Authority, concerned to consider and decide the legal notice dated by passing a speaking and reasoned order, in accordance with law, within a 06 months from the date of receipt of a certified copy of this order. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner to the claimed benefit, and the compet authority shall take an independent decision in accordance with the applicable rules and regulations. 18% per annum from the due date until actual realization and in the alternative issue appropriate direction to the respondents to consider and decide the legal 16) by passing speaking and well reasoned . counsel for the petitioner submits that the would be satisfied, at this stage, if the instant petition is disposed of decide the legal notice dated 16) filed by the petitioner, in a time bound manner. Ms. Tanushree Gupta, Addl. A.G., Haryana, accepts notice on behalf State and submits that she has ‘no objection’ in case, the aforesaid limited prayer of learned counsel for the petitioner is accepted. Without expressing any opinion on the merits of the claim raised by view of the limited relief sought, the present writ petition with a direction to respondent(s)/ Competent Authority, legal notice dated 13.08.2025 (Annexure in accordance with law, within a from the date of receipt of a certified copy of this order. It is made clear that this Court has not expressed any opinion on the claimed benefit, and the competent authority shall take an independent decision in accordance with the applicable 18% per annum from the due date until actual realization and in the alternative issue appropriate direction to the respondents to consider and decide the legal 16) by passing speaking and well reasoned . counsel for the petitioner submits that the is disposed of decide the legal notice dated , accepts notice on behalf State and submits that she has ‘no objection’ in case, the Without expressing any opinion on the merits of the claim raised by view of the limited relief sought, the present writ petition with a direction to respondent(s)/ Competent Authority, 13.08.2025 (Annexure in accordance with law, within a It is made clear that this Court has not expressed any opinion on ent authority shall take an independent decision in accordance with the applicable NEELAM KUMARI 2026.09.03 18:39 I attest to the accuracy and integrity of this document CWP-28276-2026 8. Pending application(s), if any, also stands disposed of. 03.09.2026 Neelam Whether speaking /reasoned Whether Reportable 6 (O&M) - 3 - Pending application(s), if any, also stands disposed of. ( NIDHI GUPTA ) Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pending application(s), if any, also stands disposed of. ( NIDHI GUPTA ) JUDGE Yes / No Yes / No NEELAM KUMARI 2026.09.03 18:39 I attest to the accuracy and integrity of this document