IN THE HIGH COURT OF PUNJAB AND HARYANA 252 Smt. Bimlesh Kumari (Retired) State of Haryana and another CORAM: Present:- NIDHI GUPTA J. (Oral) Articles 226/227 of the Constitution of India in the nature of Certiorari to quash the speaking order bearing Endst. No. 5411 whereby the claim of the petitioner for grant Career Progression (ACP) from the date of his entitlement has been rejected by relying upon facts wholly unrelated to the petitioner's case and by considering another representation instead of the petitioner's representation dated 11.01. order arbitrary, perverse, contrary to the record and violative of the principles of natural justice; and for issuance of a writ in the nature of Mandamus directing the respondents to grant the petitioner the benefit of the 3rd ACP in ACPL CWP-24814-2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.24814 of 2025 Date of decision : Smt. Bimlesh Kumari (Retired) Versus of Haryana and another CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Vipin Pal Yadav, Advocate for the petitioner. Mr. Teevar Sharma, DAG, Haryana. NIDHI GUPTA J. (Oral) Prayer in the present Civil Writ Petition Articles 226/227 of the Constitution of India in the nature of Certiorari to quash the speaking order bearing Endst. No. 5411-14/EA-2B/WCD/2025 dated 21.05.2025 (Annexure P whereby the claim of the petitioner for grant Career Progression (ACP) from the date of his entitlement has been rejected by relying upon facts wholly unrelated to the petitioner's case and by considering another representation instead of the petitioner's representation dated 11.01.2022, thereby rendering the impugned order arbitrary, perverse, contrary to the record and violative of the principles of natural justice; and for issuance of a writ in the nature of Mandamus directing the respondents to grant the petitioner the benefit the 3rd ACP in ACPL-12 with effect from 01.10.2015 instead of 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 24814 of 2025 (O & M) Date of decision :-22.07.2026 …..Petitioner …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Vipin Pal Yadav, Advocate Mr. Teevar Sharma, DAG, Haryana. Civil Writ Petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of Certiorari to quash the speaking order bearing Endst. 2B/WCD/2025 dated 21.05.2025 (Annexure P-11), whereby the claim of the petitioner for grant of the 3rd Assured Career Progression (ACP) from the date of his entitlement has been rejected by relying upon facts wholly unrelated to the petitioner's case and by considering another representation instead of the petitioner's 2022, thereby rendering the impugned order arbitrary, perverse, contrary to the record and violative of the principles of natural justice; and for issuance of a writ in the nature of Mandamus directing the respondents to grant the petitioner the benefit 12 with effect from 01.10.2015 instead of VIJAY ASIJA 2026.07.24 16.47 I attest to the accuracy and integrity of this document 01.07.2017, being the date on which the petitioner became entitled thereto, together with all consequential service and monetary benefits, including arrears of salary, refixation of pay, pensio wherever applicable, and interest on the delayed payment. to the written statement dated 16.07.2026 filed on behalf of respondent Nos. 1 and 2, submits that the principal relief the present writ petition already stands granted. It is pointed out that vide order dated 18.04.2022 (Annexure R sanctioned the benefit of the 3rd ACP with effect from 01.10.2015 itself. It is, thus, contended that the gri the present writ petition stood redressed much prior to the institution of the present proceedings on 14.07.2025. aforesaid factual position. in the present writ petition. he may be permitted to withdraw the present writ petition with liberty to file a fresh petition with better particulars, submitti the order dated 18.04.2022 (Annexure R benefit of the 3rd ACP with effect from 01.10.2015, the consequential monetary benefits have not yet been released. that no such relief has been claimed in the present writ petition and, CWP-24814-2025 (O & M) 01.07.2017, being the date on which the petitioner became entitled thereto, together with all consequential service and monetary benefits, including arrears of salary, refixation of pay, pensio wherever applicable, and interest on the delayed payment. At the very outset, learned State counsel, while referring to the written statement dated 16.07.2026 filed on behalf of respondent Nos. 1 and 2, submits that the principal relief the present writ petition already stands granted. It is pointed out that vide order dated 18.04.2022 (Annexure R sanctioned the benefit of the 3rd ACP with effect from 01.10.2015 itself. It is, thus, contended that the grievance sought to be raised in the present writ petition stood redressed much prior to the institution of the present proceedings on 14.07.2025. Learned counsel for the petitioner is unable to dispute the aforesaid factual position. In view of the above, no cause survives for adjudication in the present writ petition. At this stage, learned counsel for the petitioner prays that he may be permitted to withdraw the present writ petition with liberty to file a fresh petition with better particulars, submitti the order dated 18.04.2022 (Annexure R benefit of the 3rd ACP with effect from 01.10.2015, the consequential monetary benefits have not yet been released. Learned State counsel opposes the prayer by submitting that no such relief has been claimed in the present writ petition and, 2 01.07.2017, being the date on which the petitioner became entitled thereto, together with all consequential service and monetary benefits, including arrears of salary, refixation of pay, pensionary benefits, wherever applicable, and interest on the delayed payment. At the very outset, learned State counsel, while referring to the written statement dated 16.07.2026 filed on behalf of respondent Nos. 1 and 2, submits that the principal relief claimed in the present writ petition already stands granted. It is pointed out that vide order dated 18.04.2022 (Annexure R-2), the petitioner was sanctioned the benefit of the 3rd ACP with effect from 01.10.2015 evance sought to be raised in the present writ petition stood redressed much prior to the institution of the present proceedings on 14.07.2025. Learned counsel for the petitioner is unable to dispute the no cause survives for adjudication At this stage, learned counsel for the petitioner prays that he may be permitted to withdraw the present writ petition with liberty to file a fresh petition with better particulars, submitting that although the order dated 18.04.2022 (Annexure R-2) grants the petitioner the benefit of the 3rd ACP with effect from 01.10.2015, the consequential monetary benefits have not yet been released. Learned State counsel opposes the prayer by submitting that no such relief has been claimed in the present writ petition and, VIJAY ASIJA 2026.07.24 16.47 I attest to the accuracy and integrity of this document therefore, the petitioner cannot be permitted to enlarge the scope of the proceedings at this stage. counsel for the parties, the pre admittedly benefit of 3 However, liberty is granted to the petitioner to avail appropriate remedies available in acc the remain of. July 22, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CWP-24814-2025 (O & M) therefore, the petitioner cannot be permitted to enlarge the scope of the proceedings at this stage. Having considered the submissions made by learned counsel for the parties, the present writ petition admittedly benefit of 3rd ACP, as prayed for, already stands granted. However, liberty is granted to the petitioner to avail appropriate remedies available in accordance with law, if so advised ning reliefs, if any. Ordered accordingly. Pending application(s), if any, shall also stand disposed , 2026 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 3 therefore, the petitioner cannot be permitted to enlarge the scope of Having considered the submissions made by learned sent writ petition stands dismissed as, ACP, as prayed for, already stands granted. However, liberty is granted to the petitioner to avail appropriate ordance with law, if so advised, in respect of Pending application(s), if any, shall also stand disposed ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.07.24 16.47 I attest to the accuracy and integrity of this document