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2025 DAILYLAW 65585 (PNJ)

SUSHIL KUMAR SHARMA v. STATE OF HARYANA AND OTHERS

CWP/16404/2025 · 2025-08-08

Tribhuvan Dahiya

body2025

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 -2- 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