1 CWP-10266-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 111 CWP-10266-2026 (O&M) Date of Decision: 15.07.2026 ANIL KUMAR ....Petitioner VERSUS STATE OF HARYANA AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Ajay Kumar Gupta, Advocate and Mr. Hritik Gupta, Advocate for the petitioner. Mr. Rahul Dev Singh, Addl. AG Haryana. **** HARPREET SINGH BRAR , J. (Oral) CM-11452-CWP-2026 Prayer in this application filed under Section 151 CPC is for placing on record Annexures P-8 and P-9. Allowed as prayed for subject to all just exceptions. Registry is directed to place the same at appropriate place. PARUL VERMA 2026.07.16 10:36 I attest to the accuracy and authenticity of this order/judgment. 2 CWP-10266-2026 (O&M) MAIN CASE 1. This Civil Writ Petition is being filed under Articles 226/227 of the Constitution of India for the issuance of an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing the respondents to grant the benefit of pay protection and to count the petitioner's previous service under the State Government towards his present service with the Education Department with effect from 19.12.2022, the date on which he joined the Education Department after being relieved from the Department of Town and Country Planning, Haryana (Annexure P-17), and further directing the respondents to grant all consequential benefits, including arrears of pay, annual increments, leave and casual leave by taking into account the petitioner's total qualifying service, along with applicable interest. 2. The learned counsel for the petitioner, inter alia, contends that the petitioner was appointed as a Field Investigator in the Department of Town and Country Planning, Haryana and rendered continuous Government service from 15.09.2011 to 27.12.2022. During the subsistence of his service, the Government of Haryana issued instructions dated 08.03.2018 (Annexure P-1) dispensing with the requirement of obtaining a No Objection Certificate (NOC) for Government employees, who had not executed any bond with the State, for applying to posts under State PARUL VERMA 2026.07.16 10:36 I attest to the accuracy and authenticity of this order/judgment. 3 CWP-10266-2026 (O&M) recruitment agencies. In accordance with the said instructions, the petitioner applied for the post of TGT English pursuant to Advertisement No. 9/2015 (Annexure P-3) and duly intimated his parent department regarding submission of his application vide communication dated 26.08.2015 (Annexure P-4). Upon his selection vide result dated 04.10.2022 (Annexure P-9), he was issued an appointment letter dated 28.11.2022 (Annexure P-12). Since the petitioner was already serving under another department of the Government of Haryana, he tendered a technical resignation (Annexure P-13), which was accepted on 19.12.2022 (Annexure P-17), and he was relieved on 27.12.2022 (Annexure P-18). 2.1. Thereafter, he joined the Elementary Education Department on 28.12.2022 (Annexure P-19) without any break in service and immediately sought the benefit of pay protection vide application (Annexure P-20). The Service Book was forwarded by the erstwhile department on 06.01.2023 (Annexure P-2) and the petitioner's claim was processed and recommended at every level, including vide communication dated 22.08.2023 (Annexure P-20A) and subsequent recommendations dated 05.03.2024 and 11.03.2024. 2.2. It is further contended that the District Elementary Education Officer, vide recommendation dated 04.04.2024, specifically recorded that the petitioner was covered under Rule 10 of the Haryana Civil Services (Revised Pay) Rules, 2016, and was entitled to the benefit of pay protection. Despite the aforesaid recommendations, the respondents failed to extend the PARUL VERMA 2026.07.16 10:36 I attest to the accuracy and authenticity of this order/judgment. 4 CWP-10266-2026 (O&M) benefit, compelling the petitioner to submit representations dated 01.05.2025 (Annexure P-24), 28.05.2025 (Annexure P-25) and 01.07.2025 (Annexure P-27), which were also followed by reminders dated 10.06.2025 (Annexure P-26) and 10.07.2025 (Annexure P-28) issued by the Principal. However, the respondents, instead of granting the benefit in accordance with the applicable Rules and Government instructions, illegally rejected the petitioner's claim vide the impugned order dated 13.01.2026 (Annexure P-33). It is thus argued that the impugned order is arbitrary, non-speaking, contrary to Rule 10 of the Haryana Civil Services (Revised Pay) Rules, 2016, the Government instructions dated 08.03.2018 (Annexure P-1), and Articles 14 and 16 of the Constitution of India, and therefore deserves to be quashed with a direction to the respondents to grant the petitioner pay protection along with all consequential service and monetary benefits. 3. Upon advance notice, learned State counsel appears on behalf of the respondents and seeks time to obtain instructions, submitting that the petitioner's claim for grant of pay protection is presently under active consideration before the Finance Department and that an appropriate decision shall be taken after obtaining the requisite approvals and instructions. 4. In view of the statement made by learned State counsel, the present writ petition is disposed of with a direction to the Finance Department/competent authority to consider and decide the petitioner's PARUL VERMA 2026.07.16 10:36 I attest to the accuracy and authenticity of this order/judgment. 5 CWP-10266-2026 (O&M) claim, including the representations and reminders referred to hereinabove, in accordance with the applicable rules, by passing a reasoned and speaking order within a period of six weeks from the date of receipt of a certified copy of this order. Thereafter, respondent No.2/competent authority shall take consequential action in terms of the decision so taken within a further period of four weeks. The decision shall also be duly communicated to the petitioner. Needless to observe that, in the event the petitioner is found entitled to the relief claimed, the consequential benefits shall be released expeditiously in accordance with law. 5. Disposed of, accordingly. (HARPREET SINGH BRAR) JUDGE 15.07.2026 parul verma Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PARUL VERMA 2026.07.16 10:36 I attest to the accuracy and authenticity of this order/judgment.