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2026 DAILYLAW 28844 (PNJ)

DILIP KUMAR AND OTHERS v. STATE OF HARYANA AND OTHERS

CWP/20669/2026 · 2026-07-10

Nidhi Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CWP-20669 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 114 Dilip Kumar and others State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. Constitution of India is as under: 20669-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Dilip Kumar and others Versus State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. JS Dahiya, Advocate for the petitioner NIDHI GUPTA, J. (ORAL) Prayer in this petition filed under Articles 226/227 Constitution of India is as under:- I. For a writ in the nature of action/inaction of the respondents petitioners have been arbitrarily excluded and deprived of the benefit of financial up alignment, and stepping up of pay by grantin increments. II. A writ in the nature of respondents to extent identical treatment and absolute parity to the petitioners in terms of Government Memo No. 311-ARS-3-2024/1045 dated (Annexure P-2), likewise their identi counterparts (1997-1998 Batch) who have already been granted the benefit of Government Order No. 2016/1804 dated 15.04.2026 (Annexure P granting necessary relaxation under Rule Haryana Civil Services (Pay) Rules, 2016. III For issuance of direction to the respondents to meticulously re-calculate, re scales of the petitioners both prospectively and retrospectively from the respective effective dates entitlement, with all consequential benefits. IV For issuance of direction to the respondents to calculate and release the entire cluster of consequential IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20669-2026 Date of Decision: 10.07.2026 .… Petitioners .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA , Advocate for the petitioners. filed under Articles 226/227 of the a writ in the nature of Certiorari for quashing the the respondents whereby the petitioners have been arbitrarily excluded and deprived of the benefit of financial up-gradation, structural pay alignment, and stepping up of pay by granting 3 A writ in the nature of Mandamus, directing the respondents to extent identical treatment and absolute parity to the petitioners in terms of Government Memo 2024/1045 dated 10.02.2024 likewise their identical batchmates/ 1998 Batch) who have already been granted the benefit of Three (s) Increments vide Government Order No. 3352-(CFMS)-ARS-3- 2016/1804 dated 15.04.2026 (Annexure P-4) after granting necessary relaxation under Rule 58 of the Haryana Civil Services (Pay) Rules, 2016. For issuance of direction to the respondents to calculate, re-fix, and align the pay scales of the petitioners both prospectively and retrospectively from the respective effective dates of entitlement, with all consequential benefits. AND For issuance of direction to the respondents to calculate and release the entire cluster of consequential of the for quashing the whereby the petitioners have been arbitrarily excluded and deprived gradation, structural pay g 3 directing the respondents to extent identical treatment and absolute parity to the petitioners in terms of Government Memo 10.02.2024 cal batchmates/ 1998 Batch) who have already vide after of the For issuance of direction to the respondents to fix, and align the pay scales of the petitioners both prospectively and of For issuance of direction to the respondents to calculate and release the entire cluster of consequential RISHU KATARIA 2026.07.13 10:24 I attest to the accuracy and authenticity of this order/judgment. CWP-20669 2. that the petitioners were regularly appointed to the feeder Patwari bearing Formal Recruitment Batch 1997 dated 25.01.2023 (Annexure P Patwari(s) Patwari(s) Examination/Test remained in lower cadre and yet ha three increments; whereas the petitioners herein who ha examination said benefit. Learned counsel submits that identical controversy in respect of 1997 of vide order dated dated 15.04.2026 (Annexure P 14 Kanungos of the same batch petitioners also 3. petitioners direction is issued to respondent representation moved by the petitioner 3. 20669-2026 -2- financial arrears flowing from the said pay re to the serving petitioners, and to f revise and disburse the modified pensionary/terminal benefits (including revised pension, gratuity, commuted value, and leave encashment) to the retired petitioners (Sr. Nos. 1, 3, 6, 7, 15) and to the widow of deceased employee (Petitioner within a time bound period along with interest @ 18% per annum. It is, inter alia, submitted by learned counsel for the petitioners that the petitioners were regularly appointed to the feeder bearing Formal Recruitment Batch 1997 25.01.2023 (Annexure P-2), the pay structure of the Revenue was modified. It is submitted that Patwari(s) who failed or did not sit Examination/Test remained in lower cadre and yet ha three increments; whereas the petitioners herein who ha examination and were promoted, have been said benefit. Learned counsel submits that identical controversy in respect of 1997-1998 batch in CWP-31548 order dated 22.11.2024 (Annexure P 15.04.2026 (Annexure P-4) was passed whereby three increments to 14 Kanungos of the same batch has been granted. petitioners also relies upon Haryana Litigation Policy, 2025. After arguing for some time, learned counsel for the submits that at this stage, the petitioner direction is issued to respondents to consider and representation/Legal Notice dated 26.04.2026 by the petitioners in a time bound manner. Notice of motion. financial arrears flowing from the said pay re-fixation to the serving petitioners, and to further compute, revise and disburse the modified pensionary/terminal benefits (including revised pension, gratuity, commuted value, and leave encashment) to the retired petitioners (Sr. Nos. 1, 3, 6, 7, 15) and to the widow of deceased employee (Petitioner No. 17, Smt. Rajwanti) within a time bound period along with interest @ 18% submitted by learned counsel for the petitioners that the petitioners were regularly appointed to the feeder cadre post of bearing Formal Recruitment Batch 1997-1998. Vide notification ), the pay structure of the Revenue It is submitted that anomaly arose when the for Departmental Promotional Examination/Test remained in lower cadre and yet have received the hike of three increments; whereas the petitioners herein who have cleared the said , have been excluded from the said benefit. Learned counsel submits that identical controversy has arisen 31548-2024 which was disposed 22.11.2024 (Annexure P-3) and in compliance, order was passed whereby three increments to has been granted. Learned counsel for the upon Haryana Litigation Policy, 2025. After arguing for some time, learned counsel for the the petitioners would be satisfied if to consider and decide the .2026 (Annexure P-6) already in a time bound manner. fixation urther compute, revise and disburse the modified pensionary/terminal benefits (including revised pension, gratuity, commuted value, and leave encashment) to the retired petitioners (Sr. Nos. 1, 3, 6, 7, 15) and to the widow of No. 17, Smt. Rajwanti) within a time bound period along with interest @ 18% submitted by learned counsel for the petitioners adre post of 1998. Vide notification ), the pay structure of the Revenue anomaly arose when the for Departmental Promotional received the hike of the said excluded from the has arisen which was disposed order was passed whereby three increments to Learned counsel for the After arguing for some time, learned counsel for the would be satisfied if the already RISHU KATARIA 2026.07.13 10:24 I attest to the accuracy and authenticity of this order/judgment. CWP-20669 4. on behalf of respondent case the prayer made by learned counsel fo accepted. 5. into the merits of the present petition, the same is direction to consider and decide the 26.04.2026 speaking and reasoned order, in accordance with law, within a period of 04 months 6. 10.07.2026 rishu 20669-2026 -3- Ms. Tanushree Gupta, Addl. A.G., on behalf of respondent-State and submits that case the prayer made by learned counsel fo After hearing learned counsel for the parties, without going into the merits of the present petition, the same is direction to the respondents/Competent Authority, concerned and decide the aforesaid representation 26.04.2026 (Annexure P-6) moved by the petitioner speaking and reasoned order, in accordance with law, within a period of months from the date of receipt of a certified copy of this order. Pending application(s), if any, shall also stand disposed of. 2026 Whether speaking/reasoned Whether Reportable , Addl. A.G., Haryana, accepts notice State and submits that she has ‘no objection’ in case the prayer made by learned counsel for the petitioners at this stage, is After hearing learned counsel for the parties, without going into the merits of the present petition, the same is disposed of with a the respondents/Competent Authority, concerned, to forthwith representation/Legal Notice dated moved by the petitioners by passing a speaking and reasoned order, in accordance with law, within a period of from the date of receipt of a certified copy of this order. Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No accepts notice in at this stage, is After hearing learned counsel for the parties, without going with a dated by passing a speaking and reasoned order, in accordance with law, within a period of RISHU KATARIA 2026.07.13 10:24 I attest to the accuracy and authenticity of this order/judgment.