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1 CWP-18400-2026
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
120
CWP-18400-2026 Date of Decision: 14.07.2026
Mollina Nanchahal
.....Petitioners VERSUS State of Haryana and others
..Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present : Dr,. Maha Singh Sindhu with Mr. Nishant Sindhu, Advocates for the petitioner.
Mr. Rahul Dev Singh, Addl. AG Haryana-State.
HARPREET SINGH BRAR, J. (Oral)
1.
The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ or order in the nature of mandamus directing respondents to fix the pay of petitioner as Principal (FPL-11) w.e.f. 23.07.2022 when petitioner joined as Principal so that preparation process of pension case can be initiated since retirement of petitioner is due on 31.08.2026 and respondents have not fixed her pay as Principal even after four years of her promotion as Principal and she is still drawing the pay as Lecturer (ACPL-13) in violation of Articles 14 and 16 of the Constitution of India. Further directing respondents to fix pay of PUNEET CHAWLA 2026.07.15 14:54 I attest to the accuracy and integrity of this document
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petitioner and release arears of enhanced pay w.e.f. 23.07.2022 along with interest @ 18% per annum.
2.
Learned counsel for the petitioner, inter alia, contends that the petitioner was appointed as Lecturer/PGT in the respondent-Department on
17.05.1999. It is submitted that the petitioner was granted the 1st Assured Career Progression (ACP) with effect from 01.10.2009 and the 2nd ACP with effect from 01.02.2016 under the Haryana Civil Services (ACP) Rules,
2016. Thereafter, the petitioner was promoted to the post of Principal vide
order dated 11.07.2022 and joined as such on 23.07.2022 (Annexure P-1). However, despite her promotion, the petitioner continues to draw pay in ACP Level-13 applicable to the post of Lecturer, i.e. the pay scale admissible on account of the 2nd ACP, and her pay has not been fixed in the promotional post of Principal even after about four years of her promotion.
Learned counsel further submits that the entries in the petitioner's service book (Annexure P-2) also reflect the financial upgradations granted to her. It is further contended that the petitioner served a legal notice dated 27.04.2026 (Annexure P-6), but the same has remained unattended. Learned counsel points out that the petitioner is due to retire on 31.08.2026 and, therefore, the matter requires expeditious consideration. At this stage,
learned counsel submits that the petitioner would be satisfied if a direction is issued to respondents No.1 and 3/competent authority to consider and decide the legal notice dated 27.04.2026 (Annexure P-6) by passing a reasoned and speaking order within a stipulated period.
PUNEET CHAWLA 2026.07.15 14:54 I attest to the accuracy and integrity of this document
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3. On advance notice, learned State Counsel submits that he has no objection if a direction is issued to respondents No.1 and 3/competent authority to consider and decide the petitioner's legal notice dated 27.04.2026 (Annexure P-6) by passing a reasoned and speaking order within a time-bound period.
4. In view of the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the controversy, the present writ petition is disposed of with a direction to respondents No.1 and 3/competent authority to consider and decide the legal notice dated 27.04.2026 (Annexure P-6) by passing a reasoned and speaking
order, in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this order. The decision so taken shall be communicated to the petitioner forthwith. It is further observed that, in the event of failure to comply with the aforesaid directions within the stipulated period without any justifiable cause, the petitioner shall be at liberty to seek appropriate remedies in accordance with law, including a prayer for imposition of costs of Rs.50,000/-.
5. Needless to say, if upon such consideration the petitioner is found entitled to the relief claimed, the consequential benefits shall be released forthwith in accordance with law.
6. A copy of this order be supplied to the learned State Counsel for information and necessary compliance.
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4 CWP-18400-2026
7. Pending miscellaneous application(s), if any, shall also stand
disposed of.
(HARPREET SINGH BRAR) JUDGE
14.07.2026
Puneet Chawla
Whether speaking/reasoned. : Yes/No
Whether Reportable. :
Yes/No
PUNEET CHAWLA 2026.07.15 14:54 I attest to the accuracy and integrity of this document