-1- CWP-25250-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 105 CWP No.25250 of 2025 Date of Decision: 22.07.2026 Harish Chander .....Petitioner VERSUS State of Haryana and others …..Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Sanjeev Kumar Bawa, Advocate for the petitioner. Mr. Rahul Dev Singh, Addl.AG, Haryana. ***** HARPREET SINGH BRAR, J. 1. The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to release the amount of arrear of petitioner on account of grant of second upgradation. Further prayer has been made to direct the respondents to decide the legal notice (Annexure P13) which has been served upon the respondents. 2. On 07.07.2026, this Court has passed the following order:- “Learned counsel for the petitioner, inter alia, contends that the petitioner has earlier approached this Court by filing CWP No.18309 of 2023 seeking the benefit of Assured Career Progression in terms of the rules notified on 30.12.2008 (Annexure P1) as identically situated employee, Om Parkash was granted the similar relief on 12.12.2017. The aforesaid writ petition was disposed of by OMKAR SINGH 2026.07.23 12:46 I attest to the accuracy and integrity of this document -2- CWP-25250-2025 this Court on 22.08.2023 with a direction to respondent No.4 to consider and decide representation of the petitioner. The said order was not complied with and the petitioner filed COCP No.3799 of 2023, which was disposed of on 23.04.2024 as having been rendered infructuous on the basis of statement made by learned State counsel that the benefit of ACP scale has been granted to the petitioner. Despite this, the financial benefits to the petitioner had not been paid till date, which compelled the petitioner to approach this Court by filing the instant writ petition. A relevant portion of the order passed by the co-ordinate Bench of this Court in COCP No.3799 of 2023 reads as under:- “This is a contempt petition filed under Sections 10 and 12 of the Contempt of Courts Act, for initiating contempt proceedings against the respondents for disobedience of order dated 22.08.2023 passed in CWP18309-2023. Learned counsel for the respondent has produced copy of letter dated 23.04.2024, vide which, the claim of the petitioner has been decided and the benefits of ACP scale have been granted to the petitioner. Copy of said letter is taken on record. Registry is directed to scan the same and place it at appropriate place. In view of the above, the present petition is rendered infructuous and dismissed, as such.” It appears that till date, the respondents have neither challenged the order dated 23.04.2024 nor sought any clarification by moving an appropriate application, as such the respondents are bound by the statement made before the contempt court and cannot be allowed to circumvent the order passed by this Court. The respondents have, prima facie, committed contempt of order passed by this Court, however, before passing any further order, an opportunity be granted to respondent No.2 to file his affidavit deliberating therein as to why till date financial benefits in terms of positive statement made by learned State counsel before the co-ordinate Bench of this Court in COCP No.3799 of 2023, have not been released to the petitioner. OMKAR SINGH 2026.07.23 12:46 I attest to the accuracy and integrity of this document -3- CWP-25250-2025 Let affidavit be filed in the Registry at least one week before the next of hearing with an advance copy to the opposite counsel. List on 22.07.2026.” 3. In compliance with the aforesaid order, learned State counsel has produced an affidavit of Mr. Jitender Kumar, Director, Secondary Education Department, Haryana, which is taken on record subject to just exceptions. Registry is directed to place the same at appropriate place. Learned State counsel submits that nothing further survives for adjudication in the present writ petition, as the grievance of the petitioner has been substantially redressed and the admissible amount has already been released to him. 4. Learned counsel for the petitioner, however, submits that although the respondents have released the admissible amount, interest on account of the delayed payment has not been paid. 5. Heard learned counsel for the parties and perused the file. 6. It is evident from the record that the respondents took more than two years to release the admissible amount after disposal of the contempt petition. The contempt petition was disposed of on 23.04.2024 on the basis of the statement made by learned State counsel before the Coordinate Bench that the benefits of the ACP scale had been granted to the petitioner, as reflected in letter dated 23.04.2024. In these circumstances, the petitioner cannot be deprived of interest on the amount withheld for the intervening period. 7. Accordingly, keeping in view the facts and circumstances of the case, the present writ petition is disposed of with a direction to the respondents to pay OMKAR SINGH 2026.07.23 12:46 I attest to the accuracy and integrity of this document -4- CWP-25250-2025 interest to the petitioner on the delayed payment at the rate of 6% per annum, to be calculated from the date of disposal of COCP No.3799 of 2022, i.e. 23.04.2024, till the date of actual realisation. The amount of interest shall be calculated and released to the petitioner within a period of six weeks from the date of receipt of a certified copy of this order. 8. Pending miscellaneous application(s), if any, shall also stand disposed of. ( HARPREET SINGH BRAR ) July 22 , 2026. JUDGE ‘om’ Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No OMKAR SINGH 2026.07.23 12:46 I attest to the accuracy and integrity of this document