IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 107 COCP-6247-2025 (O&M) Date of Decision: 09.07.2026 Wing Cdr. PJP Singh Waraich (Retd.) ...Petitioner Versus (Dr.) Dulal Panda, Director ...Respondent CORAM: HON'BLE MR. JUSTICE VIKAS SURI Present:- Mr. Pranav Chadha, Advocate (through V.C.), assisted by Ms. Tisha Kalra, Advocate (present in Court) for the petitioner. Mr. Arun Gosain, Advocate, for the respondent. ***** VIKAS SURI, J. (Oral) 1. This petition has been filed for initiating proceedings under the Contempt of Courts Act, 1971, for alleged wilful disobedience of orders dated 03.05.2023 (Annexure P-1), 15.05.2025 (Annexure P-2) and 17.11.2025 (Annexure P-3) passed by the Division Bench of this Court in LPA-2094-2012, CWP-1676-2024 and LPA-2763-2025. The following order was passed on 26.02.2026:- “ Learned counsel for the petitioner has submitted that as far as the interest is concerned, the petitioner has been paid the interest which was undertaken to be paid on 05.02.2026. It is further submitted that the plea raised by the petitioner which is with respect to entitlement to transport allowance at enhanced rate, has been rejected by the authorities in the reply/affidavit filed and the petitioner seeks liberty to challenge the said aspect, in case the petitioner would have any grievance regarding HARISH KUMAR 2026.07.10 19:34 I attest to the accuracy and authenticity of this order/judgment COCP-6247-2025 (O&M) (2) the same. Learned counsel for the petitioner has submitted that the only surviving issue in the present contempt petition is with respect to non-grant of two financial gradation under the Personal Promotion Scheme (PPS). In the said regard, learned counsel for the respondent has pointed out that the final decision is to be taken by the Board of Governors and Board of Governors has not been constituted and the process for constitution of Boards of Governors in respect to all the NIPER(s) including NIPER, Mohali is under process. Reference has been made to the letter dated 20.02.2026. The same is taken on record as Mark A, which reads as under:- “To: Director National Institute of Pharmaceutical Education and Research, Mohali Subject: CoCP No.6247 of 2025 in LPA No. 2094 of 2012 in CWP No.6458 of 2012 titled Wg. Cdr. PJP Singh Waraich (Retd.) vs. Prof. Dulal Panda, Director: order dated 5.2.2026- regarding Sir, Reference is invited to the Institute's letter no. F.1.22(108)/2025/Estt., dated 12.2.2026, on the subject noted above. 2. As regards the time period within which Board of Governors of NIPER, Mohali to be constituted is concerned, it may be stated that as per provisions made in NIPER Act, the Chairpersons of the Board of Governors of an Institute is nominated by the Visitor (le. Hon'ble President of India). Proposal for constitution of Board of Governors in respect of all the NIPERs, including NIPER, Mohali is under process. The same will be constituted after nominations are approved by the Visitor. 3. This issues with the approval of competent authority. Yours faithfully, Sd/- (Geetha Ashok) Under Secretary to the Government of India” Learned counsel for the petitioner has submitted that the constitution of the Board of Governors may take some time and irreparable loss could be caused to the HARISH KUMAR 2026.07.10 19:34 I attest to the accuracy and authenticity of this order/judgment COCP-6247-2025 (O&M) (3) petitioner as he may retire in the meanwhile. It is further submitted that even in case the petitioner is not granted five years financial upgradation, then also, the petitioner would still be entitled to financial upgradation after 8 years of service, which is required to be given as a matter of procedure and routine and for which no interview is required to be held. It is submitted that in the said circumstances, at least financial upgradation after 8 years should be granted to the petitioner and the same should be adjusted when the final decision is taken by the Board of Governors after its constitution. Learned counsel for the respondent has submitted that the apprehension of the petitioner with respect to non-grant of financial upgradation after completing 5/10 years on the plea that he would retire is misconceived inasmuch as in case the petitioner is held entitled after the sealed cover is open, then, even if the petitioner would have retired, the authorities would give the said benefit. Learned counsel for the respondent prays for an adjournment to get instructions on the aspect highlighted in the alternate argument raised by learned counsel for the petitioner. Adjourned to 21.04.2026. To be shown in the urgent list.” 2. Learned counsel for the respondent submits that in the interregnum, Board of Governors has been constituted and the recommendations for grant of the petitioner’s official upgradation has been approved. He has produced a copy of order dated 06.07.2026, sanction order dated 07.07.2026 regarding fixation of pay, and communication dated 08.07.2026 whereby the amount in that regard was directed to be remitted. The said documents are taken on record. A copy thereof stands furnished to learned counsel appearing for the petitioner, who sought for a pass-over to HARISH KUMAR 2026.07.10 19:34 I attest to the accuracy and authenticity of this order/judgment COCP-6247-2025 (O&M) (4) go through the same. 3. On resumed hearing, learned counsel for the petitioner states that the orders (Annexures P-1 and P-2) have been substantially complied with and hence, the cause does not survive. He prays for withdrawal of the present petition with liberty to seek legal redress against the orders/documents produced in Court today, if required. 4. Dismissed as withdrawn with liberty aforesaid. 5. Rule stands discharged. ( VIKAS SURI ) July 09, 2026 JUDGE harish Whether speaking/reasoned Yes/No Whether reportable Yes/No HARISH KUMAR 2026.07.10 19:34 I attest to the accuracy and authenticity of this order/judgment