1 CWP-20217-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 126 CWP-20217-2026 Date of decision:08.07.2026 JITENDER SINGH AND ANR .....Petitioners VERSUS STATE OF HARYANA AND ORS .....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. R.S. Randhawa, Sr. Advocate with Mr. Varun Tuteja, Advocate and Mrs. Deepinder Kaur, Advocate for the petitioners. Mr. Naveen Singh Panwar, DAG Haryana. **** HARPREET SINGH BRAR , J. (Oral) 1. This Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned seniority list dated 27.11.2025 (Annexure P-1), to the extent it fails to assign seniority to the petitioners in accordance with the applicable Government policies and places employees possessing later disability certificates above the petitioners. A further prayer has been made PARUL VERMA 2026.07.13 10:24 I attest to the accuracy and authenticity of this order/judgment. 2 CWP-20217-2026 for issuance of a writ in the nature of mandamus directing the respondents to re-cast, re-fix and determine the petitioners' seniority in the separate seniority list of Divyang/PwBD employees, as well as to consider and decide the petitioners' objections/representations (Annexures P-8 and P-9) in accordance with law within a time-bound manner. 2. Learned counsel for the petitioners, inter alia, contends that both the petitioners were appointed as Lecturers against the handicapped quota vide appointment order dated 21.10.2003 (Annexure P-4). Prior thereto, petitioner No. 1 and petitioner No. 2 had been issued disability certificates dated 23.01.2001 (Annexure P-2) and 07.03.2001 (Annexure P-3), respectively. 2.1. It is further submitted that as per Clause 5.2 of the Government policy/clarification dated 11.07.2023 (Annexure P-6), the inter se seniority of PwBD employees is required to be determined from the date of issuance of the disability certificate. The subsequent clarification dated 16.02.2026 (Annexure P-7) also reiterates the said principle. 2.2. Learned counsel further submits that in the tentative seniority list dated 20.06.2025 (Annexure P-1), certain employees possessing disability certificates of later dates have been placed above the petitioners, contrary to the aforesaid policy. Although the petitioners submitted objections/representations dated 03.07.2025 and 21.11.2025 (Annexures P-8 PARUL VERMA 2026.07.13 10:24 I attest to the accuracy and authenticity of this order/judgment. 3 CWP-20217-2026 and P-9), the same have not been decided till date. It is, therefore, contended that the action of the respondents is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. 2.3. At this stage, learned counsel for the petitioners submits that he would be satisfied if the objections/representations dated 03.07.2025 and 21.11.2025 (Annexures P-8 and P-9) of the petitioner is considered and decided by the respondent(s) by passing a speaking order in a time bound manner. 3. Notice of motion. 4. Mr. Naveen Singh Panwar, DAG Haryana appears and accepts notice on behalf of respondent-State and submits that he has no objection in case a direction is issued to respondent No.3/competent authority for time- bound consideration and decision of the objections/representations dated 03.07.2025 and 21.11.2025 (Annexures P-8 and P-9) of the petitioners by passing a speaking order. 5. Therefore, in view of the limited prayer made by learned counsel for the petitioners, the respondent No.3/competent authority is directed to consider the objections/representations (Annexures P-8 and P-9) of the petitioners and pass a speaking order, after affording them an opportunity to be heard, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof PARUL VERMA 2026.07.13 10:24 I attest to the accuracy and authenticity of this order/judgment. 4 CWP-20217-2026 shall be conveyed to the petitioners. Needless to say, if the petitioners are found entitled to the relief sought, the same shall be granted forthwith by the respondent. 6. Disposed of, accordingly. 7. Pending miscellaneous applications, if any, shall also stand disposed of. (HARPREET SINGH BRAR) JUDGE 08.07.2026 parul verma Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PARUL VERMA 2026.07.13 10:24 I attest to the accuracy and authenticity of this order/judgment.