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2025 DAILYLAW 39841 (PNJ)

MONIKA v. STATE OF HARYANA AND OTHERS

CWP/8918/2025 · 2025-05-12

Tribhuvan Dahiya

body2025

Judgment text

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CWP-8918-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA 125 MONIKA STATE OF HARYANA CORAM: HON'BLE MR Present: Mr. Ms. Tanushree Gupta, Deputy Advocate General, Haryana. TRIBHUVAN DAHIYA The petition has been filed the respondents to from 01.01.2020 31.03.2021, along with interest. 2. Learned counsel for the petitioner contends that after availing the maternity leave, the released the due salary remained unanswer by this Court, salary for the aforementioned period has been released to her. No reason has been cited the petitioner; 3. Learned State counsel, on instructions received from respondent/Director, contends that due salary has been released to the petitioner on She, however, 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Decided On: Versus STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Parveen Moudgil, Advocate for the petitioner Ms. Tanushree Gupta, Deputy Advocate General, Haryana. TRIBHUVAN DAHIYA J.(Oral) The petition has been filed seeking a writ of the respondents to pay full salary for maternity leave 01.01.2020 to 10.07.2020, and the salary , along with interest. Learned counsel for the petitioner contends that after availing the maternity leave, the petitioner re-joined service on the due salary till 31.03.2021. Representations claiming the answered. However, after passing of the order by this Court, salary for the aforementioned period has been released to her. No reason has been cited for the delay in releasing the salary lawfully due to therefore, she is entitled to interest Learned State counsel, on instructions received from respondent/Director, Higher Education, vide memo dated contends that due salary has been released to the petitioner on She, however, is not in a position to give any justification for the delay. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-8918-2025 Decided On: 12.05.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA for the petitioner. Ms. Tanushree Gupta, Deputy Advocate General, Haryana. ing a writ of mandamus directing maternity leave, which was sanctioned , and the salary from 11.07.2020 to Learned counsel for the petitioner contends that after availing the joined service on 11.07.2020 but was not 1. Representations claiming the same passing of the order, dated 28.04.2025, by this Court, salary for the aforementioned period has been released to her. delay in releasing the salary lawfully due to interest on the due amount. Learned State counsel, on instructions received from the second vide memo dated 09.05.2025, contends that due salary has been released to the petitioner on 07.05.2025. is not in a position to give any justification for the delay. It is, ...PETITIONER(s) directing sanctioned to Learned counsel for the petitioner contends that after availing the was not same , by this Court, salary for the aforementioned period has been released to her. delay in releasing the salary lawfully due to the second , . It is, Aman Dua 2025.05.14 18:00 I attest to the accuracy and authenticity of this judicial document CWP-8918-2025 however, contended appropriate action against the 4. Be that as it may, o dues/salary could not 5. In view thereof, the petition is disposed of with respondents to pay petitioner on the ₹6,25,856 from the date of The Department erring officer and/or official, as the case may be out within four 12.05.2025 Ad 2025 -2- however, contended that the Department will enquire into the matter and take action against the erring officer/official Be that as it may, on account of this lapse dues/salary could not have been delayed. In view thereof, the petition is disposed of with respondents to pay interest at the rate of nine per cent per annum petitioner on the due salary for the aforementioned period from the date of entitlement till actual payment, i.e., Department will be at liberty to recover the amount of interest from the and/or official, as the case may be four weeks from today. (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? Department will enquire into the matter and take official. n account of this lapse the petitioner’s rightful In view thereof, the petition is disposed of with a direction to the interest at the rate of nine per cent per annum to the rementioned period amounting entitlement till actual payment, i.e., 07.05.2025. liberty to recover the amount of interest from the and/or official, as the case may be. The direction shall be carried TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No Department will enquire into the matter and take the petitioner’s rightful direction to the to the amounting . liberty to recover the amount of interest from the The direction shall be carried Aman Dua 2025.05.14 18:00 I attest to the accuracy and authenticity of this judicial document