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2026 DAILYLAW 27659 (PNJ)

AJAY KUMAR AND OTHERS v. STATE OF PUNJAB AND OTHERS

CWP/3737/2026 · 2026-07-09

Namit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 236 CWP-3737-2026 Date of decision : 09.07.2026 Ajay Kumar and others ....Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Umesh Aggarwal, Advocate for the petitioners. Mr. P.I.P. Singh, Addl. A.G., Punjab. NAMIT KUMAR J. (Oral) 1. The present petition has been filed by the petitioners under Articles 226/227 of the Constitution of India, seeking issuance of a writ of mandamus directing the respondents to count probationary service already rendered by the petitioners in the earlier cadre (District/Armed Cadre) towards completion of probation in the present cadre (Technical Support Services/Intelligence/PBI/Distt.Cadre), as both cadres are constituent parts of the same department, post, pay scale and nature of duties are identical and to release full salary and all admissible allowances to the petitioners upon completion of probation, after counting the probationary service already rendered by them in the previous cadre with all consequential service benefits and arrears with interest @ 9% per annum from the date of entitlement till actual realization. Further, seeking issuance of a writ of certiorari for quashing conditions No.2 & 3 of the second appointment letters, insofar as they impose a fresh probation period of three years upon the petitioners. VINOD KOTHIYAL 2026.07.09 18:31 I attest to the accuracy and authenticity of this document CWP-3737-2026 -2- 2. Learned counsel for the petitioners submits that for redressal of their grievances, the petitioners have also served legal notice dated 24.09.2025 (Annexure P-12) to the respondents which is still pending consideration. He further submits that at this stage, the petitioners would be satisfied, if appropriate directions are issued to the respondents to consider and decide the said legal notice, by passing a speaking order, in a time bound manner. 3. Learned State counsel has no objection to the innocuous prayer made by learned counsel for the petitioners. 5. I have heard learned counsel for the parties and have gone through the record of the case. 6. Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.3 to consider and decide legal notice dated 24.09.2025 (Annexure P-12) submitted by the petitioners expeditiously, by passing a speaking order after affording an opportunity of hearing to the petitioners, preferably within a period of 03 months from the date of receipt of certified copy of this order. Further, the decision taken thereon shall be conveyed to the petitioners. (NAMIT KUMAR) 09.07.2026 JUDGE kothiyal Whether speaking/reasoned: Yes/No Whether reportable: Yes/No VINOD KOTHIYAL 2026.07.09 18:31 I attest to the accuracy and authenticity of this document