SUSHIL KUMAR SHARMA v. STATE OF HARYANA AND OTHERS
CWP/16404/2025 · 2025-08-08
Tribhuvan Dahiya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65585 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65585 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CWP-16404-2025
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
108
CWP-16404-2025
Date of Decision: 08.08.2025
Sushil Kumar Sharma
…Petitioner(s) Versus State of Haryana and others …Respondent(s)
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present:- Mr. Jatinder Kumar Kamboj, Advocate for the petitioner
Ms. Tanushree Gupta, Senior Deputy Advocate General,
Haryana
TRIBHUVAN DAHIYA, J. (Oral)
The petition has been filed inter alia seeking a writ of mandamus directing the respondents to grant the petitioner benefit of higher pay- scale/emoluments along with all consequential benefits from the date of appointment till retirement
2.
It is contended that the petitioner is entitled to the benefits on the basis of judgment dated 04.10.2024, rendered by this Court in CWP-1281-2020 titled Shyam Sunder and others v. State of Haryana and another, and connected cases, which has been allowed in the following terms:
20. In view of the above factual position and the law laid down in the abovesaid judgments, the present petitions are allowed and the respondents are directed to release the pay and allowances of the post of Section Officer for the period the petitioners have performed the duties of the said posts, with all consequential benefits, within a period of three months from the date of receipt of certified copy of this order. PAYAL 2025.08.13 09:12 I attest to the accuracy and authenticity of this
order/judgment
CWP-16404-2025
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3.
Learned State counsel contends that the State has challenged the
judgment by filing LPA-1989-2025, and the Division Bench vide order dated 11.07.2025, has granted partial stay to the effect that operation of directions ‘will all consequential benefits’ shall remain stayed. The order reads as under:
Learned counsel submits that while passing the impugned
judgment dated 04.10.2024, the learned Single Bench has directed to release pay and allowances of the post of Section Officer for the period the writ petitioners have performed the duties of the said posts with all consequential benefits. He submits that the words ‘with all consequential benefits’ would also imply grant of increments and seniority, which could not have been done.
Notice of motion returnable for 17.11.205.
In the meanwhile, the effect and operation of directions
‘with all consequential benefits’ shall remain stayed. She, accordingly, contends that the petitioner will be released benefits in terms of the judgment in Shyam Sunder case (supra) without consequential benefits subject to outcome of the said LPA, within a period of three months.
4.
In view of the statement made, learned counsel for the petitioner has no objection to the petition being disposed of in terms thereof.
5.
Ordered accordingly.
(TRIBHUVAN DAHIYA)
JUDGE 08.08.2025 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No
PAYAL 2025.08.13 09:12 I attest to the accuracy and authenticity of this
order/judgment