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2024 DAILYLAW 3223 (PNJ)

NARESH SINGH v. STATE OF HARYANA THROUGH PRINCIPAL SECRETARY TO GOVT OF HARYANA

CWP/27364/2026 · 2026-08-26

Nidhi Gupta

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 130 Naresh Singh State of Haryana and CORAM: Present:- NIDHI GUPTA J. (Oral) appropriate writ, order or direction, particularly a writ in the nature of Mandamus count the petitioner’s past qualifying service rendered in the Urban Local Bodies Department for the purpose of determining his qualifying length of service, particularly when the service record of the petitioner had been requisitioned by respondent No.2 vide letter dated 03.05.2024 and was duly forwarded by respondent No.3 to respondent No.2 vide letter dated 05.06.2024 (Annexure P further, for issuance of a writ in the nature of respondent No.2 to consider and decide the petitioner’s claim for counting his past qualifying service towards his qualifying length of CWP-27364-2026 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.27364 of 2026 (O & M) Date of decision : Naresh Singh Versus State of Haryana and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Manoj Kumar Sood, Advocate for the petitioner. Ms. Tanushree Gupta, Addl. A.G., Haryana. NIDHI GUPTA J. (Oral) Prayer in the present writ petition is for issuance of an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing respondent No.2 to take into consideration and count the petitioner’s past qualifying service rendered in the Urban Local Bodies Department for the purpose of determining his qualifying length of service, particularly when the service record of the petitioner had been requisitioned by respondent No.2 vide letter dated 03.05.2024 and was duly forwarded by respondent No.3 to respondent No.2 vide letter dated 05.06.2024 (Annexure P further, for issuance of a writ in the nature of respondent No.2 to consider and decide the petitioner’s claim for counting his past qualifying service towards his qualifying length of 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 27364 of 2026 (O & M) Date of decision :-26.08.2026 …..Petitioner …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Manoj Kumar Sood, Advocate Ms. Tanushree Gupta, Addl. A.G., Haryana. Prayer in the present writ petition is for issuance of an appropriate writ, order or direction, particularly a writ in the nature of , directing respondent No.2 to take into consideration and count the petitioner’s past qualifying service rendered in the Urban Local Bodies Department for the purpose of determining his qualifying length of service, particularly when the service record of the petitioner had been requisitioned by respondent No.2 vide letter dated 03.05.2024 and was duly forwarded by respondent No.3 to respondent No.2 vide letter dated 05.06.2024 (Annexure P-9); and further, for issuance of a writ in the nature of Mandamus, directing respondent No.2 to consider and decide the petitioner’s claim for counting his past qualifying service towards his qualifying length of VIJAY ASIJA 2026.08.27 18.59 I attest to the accuracy and integrity of this document service in accordance with (Leave) Rules, 2016 thereon in accordance with law. petitioner that the petitioner was appointed as Junior Engineer (Civil) in the Urban Local Bodies, Haryana, vide appointment letter dated 18.08.2009 (Annexure P Thereafter, he applied, through proper channel, for the post of Junior Engineer (Civil) in the Development and Panchayats Department, Haryana. Upon being selected, he was appointed vide letter d 23.08.2010 (Annexure P resignation dated 27.08.2010 (Annexure P was relieved from the Department of Urban Local Bodies, Haryana, on 27.08.2010. He thereafter joined the Develop Department, Haryana, on 31.08.2010 (Annexure P tendered by the petitioner was subsequently accepted by the Department of Urban Local Bodies, 12.10.2010 (Annexure P under the respondent approached the respondents seeking counting of his past service rendered in the Department of Urban Local Bodies, Haryana. Pursuant thereto, respondent No.2 respondent No.4 seeking verification/certification of the petitioner’s past service for the period from 19.08.2009 to 27.08.2010. CWP-27364-2026 (O & M) service in accordance with Rule 10 of the Haryana Civil Services (Leave) Rules, 2016, and to pass an appropria thereon in accordance with law. It is, inter alia, submitted by learned counsel for the petitioner that the petitioner was appointed as Junior Engineer (Civil) in the Urban Local Bodies, Haryana, vide appointment letter dated 009 (Annexure P-1) and joined the said service on 19.08.2009. Thereafter, he applied, through proper channel, for the post of Junior Engineer (Civil) in the Development and Panchayats Department, Haryana. Upon being selected, he was appointed vide letter d 23.08.2010 (Annexure P-2). Consequently, the petitioner tendered his resignation dated 27.08.2010 (Annexure P was relieved from the Department of Urban Local Bodies, Haryana, on 27.08.2010. He thereafter joined the Develop Department, Haryana, on 31.08.2010 (Annexure P tendered by the petitioner was subsequently accepted by the Department of Urban Local Bodies, .2010 (Annexure P-5). It is further submitted that the petitioner has been serving under the respondent-Department since 2010 and, thereafter, approached the respondents seeking counting of his past service rendered in the Department of Urban Local Bodies, Haryana. Pursuant thereto, respondent No.2 addressed a communication to respondent No.4 seeking verification/certification of the petitioner’s past service for the period from 19.08.2009 to 27.08.2010. 2 Rule 10 of the Haryana Civil Services , and to pass an appropriate and reasoned order , submitted by learned counsel for the petitioner that the petitioner was appointed as Junior Engineer (Civil) in the Urban Local Bodies, Haryana, vide appointment letter dated 1) and joined the said service on 19.08.2009. Thereafter, he applied, through proper channel, for the post of Junior Engineer (Civil) in the Development and Panchayats Department, Haryana. Upon being selected, he was appointed vide letter dated 2). Consequently, the petitioner tendered his resignation dated 27.08.2010 (Annexure P-3) from his earlier post and was relieved from the Department of Urban Local Bodies, Haryana, on 27.08.2010. He thereafter joined the Development and Panchayats Department, Haryana, on 31.08.2010 (Annexure P-4). The resignation tendered by the petitioner was subsequently accepted by the Haryana, vide order dated ed that the petitioner has been serving Department since 2010 and, thereafter, approached the respondents seeking counting of his past service rendered in the Department of Urban Local Bodies, Haryana. addressed a communication to respondent No.4 seeking verification/certification of the petitioner’s past service for the period from 19.08.2009 to 27.08.2010. VIJAY ASIJA 2026.08.27 18.59 I attest to the accuracy and integrity of this document Respondent No.5 submitted a report dated Nil (Annexure P certifying the petitioner’s past se of deposit of leave salary, contribution and pension contribution. The requisite amount was thereafter deposited vide letter dated 20.02.2026 (Annexure P the service record of the petitioner to respondent No.2 vide letter dated 05.06.2024 (Annexure P the aforesaid exercise having been completed and the requisite service record having been forwarded to res been taken on the petitioner’s claim so far. It is submitted that the matter has remained pending for an inordinate period. General, Haryana, accepts the factual position as noticed hereinabove. It is also not disputed that a similarly situated employee has already been extended the benefit of counting 10). without expressing any opinion on the merits of the petitioner’s claim, the present writ petition is No.2 to consider and decide the petitioner’s claim pursuant to the CWP-27364-2026 (O & M) Respondent No.5 submitted a report dated Nil (Annexure P certifying the petitioner’s past service and indicating the requirement of deposit of leave salary, contribution and pension contribution. The requisite amount was thereafter deposited vide letter dated 20.02.2026 (Annexure P-8). It is also submitted that respondent No.3 forwarded ce record of the petitioner to respondent No.2 vide letter dated 05.06.2024 (Annexure P-9). Learned counsel for the petitioner submits that, despite the aforesaid exercise having been completed and the requisite service record having been forwarded to respondent No.2, no decision has been taken on the petitioner’s claim so far. It is submitted that the matter has remained pending for an inordinate period. Heard. Notice of motion. Ms. Tanushree Gupta, learned Additional Advocate General, Haryana, accepts notice on behalf of the respondent Learned State counsel, at the outset, is unable to dispute the factual position as noticed hereinabove. It is also not disputed that a similarly situated employee has already been extended the benefit of of past service vide order dated 19.07.2024 (Annexure P In view of the aforesaid facts and circumstances, and without expressing any opinion on the merits of the petitioner’s claim, the present writ petition is disposed of with a direction to respon No.2 to consider and decide the petitioner’s claim pursuant to the 3 Respondent No.5 submitted a report dated Nil (Annexure P-6), rvice and indicating the requirement of deposit of leave salary, contribution and pension contribution. The requisite amount was thereafter deposited vide letter dated 20.02.2026 8). It is also submitted that respondent No.3 forwarded ce record of the petitioner to respondent No.2 vide letter Learned counsel for the petitioner submits that, despite the aforesaid exercise having been completed and the requisite service pondent No.2, no decision has been taken on the petitioner’s claim so far. It is submitted that the matter has remained pending for an inordinate period. Ms. Tanushree Gupta, learned Additional Advocate notice on behalf of the respondent-State. Learned State counsel, at the outset, is unable to dispute the factual position as noticed hereinabove. It is also not disputed that a similarly situated employee has already been extended the benefit of of past service vide order dated 19.07.2024 (Annexure P- In view of the aforesaid facts and circumstances, and without expressing any opinion on the merits of the petitioner’s claim, with a direction to respondent No.2 to consider and decide the petitioner’s claim pursuant to the VIJAY ASIJA 2026.08.27 18.59 I attest to the accuracy and integrity of this document communication dated 05.06.2024 (Annexure P law, by passing a three months opinion on the entitlement of the petitioner to the benefit claimed. The competent authority shall consider the claim independently and take a decision strictly in accordance with and the law governing the field. of. August 26 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CWP-27364-2026 (O & M) communication dated 05.06.2024 (Annexure P law, by passing a speaking and reasoned order three months from the date of receipt of a certified It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner to the benefit claimed. The competent authority shall consider the claim independently and take a decision strictly in accordance with the applicable rules, regulations and the law governing the field. Pending application(s), if any, shall also stand disposed 6, 2026 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No 4 communication dated 05.06.2024 (Annexure P-9), in accordance with speaking and reasoned order, within a period of 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 benefit claimed. The competent authority shall consider the claim independently and take a the applicable rules, regulations Pending application(s), if any, shall also stand disposed ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.08.27 18.59 I attest to the accuracy and integrity of this document