CWP-19787-2026 (O&M) 1 of 8 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 112 CWP-19787-2026 (O&M) Date of decision: 06.07.2026 Kirpal Singh and others ...Petitioner(s) Vs. State of Haryana and others ...Respondent(s) CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. B.S.Mamli, Mr.Kunal Muthreja and Mr. Kushagra Pannu, Advocates for the petitioners. Ms. Ruchi Sekhri, Addl.A.G., Haryana. *** NIDHI GUPTA, J. Present Civil Writ Petition under Article 226/227 of the Constitution of India has been filed by the petitioners for issuance of a writ in the nature of certiorari, mandamus or in any other nature thereby quashing the order dated 12.11.2020 (Annexure P-6) passed by the respondents; and further to give the Military Service benefits to the petitioners; and also to grant the seniority as the petitioners have served in the defence service; and to pay consequential benefits along with the interest; and to promote the petitioners from the date by counting the seniority as the petitioners have worked in the defence service; and to quash the promotion orders of other Forester dated 04.02.2025 (Annexure P-9); and further to reaffix the pay of the petitioners at a higher stage by adding the number of years of the service of the DIVYANSHI 2026.07.08 10:30 I attest to the accuracy and integrity of this document CWP-19787-2026 (O&M) 2 of 8 petitioner which they have rendered in defence and to give the Military service benefits as is being given to the other persons/in the scale above equal to the number of completed years of service; or to issue any other appropriate, writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case. 2. It is inter alia submitted by learned counsel for the petitioners that petitioners had joined defence services i.e. Army and Indian Air Force between the years 1988 to 1996. Petitioners have retired between the years 2008 to 2013. After retirement, petitioners have joined the respondent-Department as Forest Guards. Vide letter dated 3/7.5.2018 (Annexure P-1) issued by the Chief Secretary to Govt. of Haryana, ex- servicemen should be given benefits like C.L., E.L., ACP and head seniority et cetera. Accordingly, petitioners had previously filed CWP- 8770-2020 titled as Jasvinder Singh and others vs. State of Haryana and others seeking direction to the respondents to consider names of the petitioners for promotion by fixing seniority as per letter No. 1/18/2018- 4GS dated 03/07.05.2018 by considering the services rendered by the petitioners in the Armed Forces for calculating seniority. The said Writ Petition was disposed of by Predecessor Bench vide order dated 30.06.2020 (Annexure P-4) thereby directing the respondent No.3- Principal, Chief Conservator of Forests, Haryana to decide the legal notice dated 09.06.2020 submitted by the petitioners. 3. It is submitted that thereafter, the respondent-Department had issued promotion letter dated 09.07.2020 (Annexure P-5) for the DIVYANSHI 2026.07.08 10:30 I attest to the accuracy and integrity of this document CWP-19787-2026 (O&M) 3 of 8 post of Van Daroga/Deputy Forest Ranger. However, in pursuance to order dated 30.06.2020 (Annexure P-4), the impugned order dated 12.11.2020 (Annexure P-6) was passed thereby rejecting the case of the petitioners by stating that there are no such instructions to grant benefit as prayed for. In the meantime, petitioners had filed COCP-2205-2020 titled as Jasvinder Singh vs. Dr. Amarinder Kaur for noncompliance of order dated 30.06.2020; which was dismissed as infructuous vide order dated 16.11.2020 (Annexure P-7), as, in the meantime, impugned order dated 12.11.2020 had been passed. 4. Thereafter, petitioners had filed another CWP-802-2021 titled as Jasvinder Singh and others vs. State of Haryana and others, on the same cause of action which was withdrawn by the petitioners with liberty to file afresh with better particulars vide order dated 25.11.2021 (Annexure P-8). 5. Learned counsel submits that impugned order is unsustainable as vide letter dated 17.05.2021, it has been observed by the Haryana Govt. that military service benefits towards seniority, pay fixation and additional increments/higher standard pay scales should be granted. However, benefit under the said letter is being denied to the petitioners. Instead, vide order dated 04.02.2025 (Annexure P-9), respondents have promoted number of other Forest Guards as Foresters while ignoring the case of the petitioners. It is contended that since the petitioners have also retired from defence services therefore, they should also be given benefit of numerous letters written by the Govt. of DIVYANSHI 2026.07.08 10:30 I attest to the accuracy and integrity of this document CWP-19787-2026 (O&M) 4 of 8 Haryana recommending protection of minimum scale and increments for the numbers of years service rendered by the petitioners in the defence. It is submitted that the petitioners have been awarded medals and gallantry awards et cetera. However, without taking into account all of the above said factors, respondents are promoting other persons, without counting benefits of the services of the petitioners. It is contended that the said action of the respondents is illegal, erroneous and liable to be set aside. It is accordingly prayed that the present Writ Petition be allowed. 6. Per contra, learned counsel for the respondent-State on advance notice, opposes submissions made on behalf of the petitioners and submits that speaking order dated 12.11.2020 (Annexure P-6) has been passed rejecting the case of the petitioners. The said order has been challenged by the petitioners almost after 6 years. As such, present Writ Petition is barred by delay of laches. Moreover, this is the third Writ Petition filed by the petitioners on the same cause of action. Therefore, the same is not maintainable. Accordingly, dismissal of the present Writ Petition is prayed for. 7. Learned counsel for the petitioners rebuts submissions of the respondent-State by stating that delay in filing the present petition has occurred as the petitioners came to know of the impugned order dated 12.11.2020 (Annexure P-6) only upon issuance of order dated 04.02.2025 (Annexure P-9); whereby other persons junior to the DIVYANSHI 2026.07.08 10:30 I attest to the accuracy and integrity of this document CWP-19787-2026 (O&M) 5 of 8 petitioners came to be promoted as Foresters while ignoring the petitioners. 8. No other argument is raised by ld. counsel for the parties. I have heard learned counsel and perused the case file in great detail. I find no merit in the submissions advanced on behalf of the petitioner. 9. A perusal of the present Writ Petition shows that highly vague and general averments have been made therein by the petitioners. The petitioners are claiming benefit of the Military Service rendered by them; and also to grant the seniority as the petitioners have served in the defence services; and to pay consequential benefits along with the interest; and to promote the petitioners from the date by counting the seniority as the petitioners have worked in the defence service; and to quash the promotion orders of other Forester dated 04.02.2025 (Annexure P-9); and further to reaffix the pay of the petitioners at a higher stage by adding the number of years of the service of the petitioner which they have rendered in defence and to give the Military service benefits as is being given to the other persons/in the scale above equal to the number of completed years of service. However, a perusal of the present petition reveals that petitioners have even failed to mention their dates of appointment as Forest Guards. The petitioners have even failed to append herewith their letters of appointment as Forest Guards. Even on a Court query, learned counsel for the petitioners is unable to inform the dates on which the petitioners were appointed as Forest Guards. As such, it is impossible to DIVYANSHI 2026.07.08 10:30 I attest to the accuracy and integrity of this document CWP-19787-2026 (O&M) 6 of 8 determine the correctness of the claims made by the petitioners; and to ascertain as to whether petitioners are entitled to benefit of letter dated 17.05.2021. Even the said letter dated 17.5.2021 has not been appended by the petitioners along with the present petition. 10. The petitioners are also claiming benefit of military service in terms of the letter dated 03/07.5.2018. However, as has been averred by the respondent in their written statement, the letter dated 03/07.05.2018 on the basis of which they are claiming the benefit of seniority is a general letter which simply mentions that instructions have been issued from time to time regarding grant of benefit of EL, CL, Seniority, ACP and promotion to ex-servicemen in Govt. Service. Respondents have categorically stated in their reply that no specific letter which relates to the grant of the benefit of seniority or promotion by considering the past service of the petitioners, has been provided by the petitioners or their counsel. Despite the fact that petitioners were asked to submit the relevant instructions on the basis of which they are claiming the benefit of seniority and promotion, however the petitioners admitted that they do not have any such Instructions available with them. Such information was also sought from the counsel vide letter dated 27.07.2020, however was unable to provide the specific instructions on the basis of which the relief of seniority and promotion can be granted to the petitioners. 11. On the other hand, the respondents have referred to the "Punjab Government National Emergency (Concession) Rules 1965" DIVYANSHI 2026.07.08 10:30 I attest to the accuracy and integrity of this document CWP-19787-2026 (O&M) 7 of 8 which were notified vide Notification dated 20.07.1965. Under these rules the benefit of Military service was given to such persons who were enrolled or commissioned in service in any of the three wings of the Indian Armed Forces during the period of operation of Proclamation of Emergency made by the President under Article 352 of the Constitution on 26th October 1962. Under these rules the benefit of Increment, Seniority and Promotion was to be given to such employees who had rendered Military service during the period of Emergency. Several directions have been issued by the Government from time to time regarding clarification as well as implementation of these rules. Other than these instructions, there are no instructions regarding the grant of Military Service Benefits towards Seniority or Promotion. Despite specific queries, the ld. counsel has been unable to provide any such Instruction. 12. It is also undisputed that petitioners have never performed any military services during emergency. As such, petitioners have rightly been held not entitled to benefit of Punjab Government National Emergency (Concession) Rules, 1965; and claim of the petitioners was rightly rejected by the respondents vide impugned letter dated 12.11.2020. Petitioners have also not disputed that the impugned order dated 12.11.2020 (Annexure P-6) has been passed after giving personal hearing to the petitioners on 02.11.2020. 13. Even otherwise, claim of the petitioners is barred by delay and laches as vide present Writ Petition filed in the year 2026, DIVYANSHI 2026.07.08 10:30 I attest to the accuracy and integrity of this document CWP-19787-2026 (O&M) 8 of 8 petitioners have sought to lay challenge to the order passed almost six years ago on dated 12.11.2020 (Annexure P-6). Contention of the petitioners that they came to know of the impugned order dated 12.11.2020 (Annexure P-6) only when promotion letter dated 04.02.2025 (Annexure P-9) was issued, is blatantly false and misleading as petitioners themselves have stated in para 20 of the present Writ Petition that in respect of the same cause of action, the petitioners had previously filed CWP-802-2021; which was dismissed as withdrawn by Predecessor Bench with liberty vide order dated 25.11.2021 (Annexure P-8). Needless to say, the said liberty cannot operate forever. No reasons have been given by the petitioners explaining such delay in filing the present writ petition. 14. Keeping in view the above said facts, present Writ Petition stands dismissed. 15. Pending application(s) if any also stand(s) disposed of. 06.07.2026 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No DIVYANSHI 2026.07.08 10:30 I attest to the accuracy and integrity of this document