CWP-18438-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 130 CWP-18438-2026 (O&M) Date of decision: 09.07.2026 Surya Moudgil ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Sardavinder Goyal, Advocate and Mr. Nishant Sindhu, Advocate for the petitioner. Mr. N.S. Panwar, Addl. A.G., Haryana. HARPREET SINGH BRAR J. (Oral) 1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to grant Special Disability Leave/Work Related Injury Leave to the petitioner w.e.f. 30.03.2026. Further a writ of certiorari has been sought, for quashing the impugned communication/order dated 14.05.2026 (Annexure P-7) passed by respondent No.4, whereby respondent No.4 has completely ignored the Haryana Civil Services (Leave) Rules, 2016 (hereinafter to be referred as ‘the Rules of 2016’) and also other Rules applicable on the petitioner. Lastly, it has been prayed that during the pendency of the present petition, the operation and effect of impugned order/communication dated 14.05.2026 (Annexure P-7) may be stayed and the respondents be restrained from treating the petitioner on extraordinary leave (without MOHD YAKUB 2026.07.13 10:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-18438-2026 2 pay) and to grant Special Disability Leave/Work Related Injury Leave to the petitioner. 2. Learned counsel for the petitioner has, inter alia, contended that the petitioner has been serving as PGT (Political Science) since 01.11.2022. On 30.03.2026, while proceeding to her place of posting to discharge her official duties, she met with a serious road accident and sustained multiple grievous injuries, including fractures. She remained admitted in the hospital from 30.03.2026 to 24.04.2026 and thereafter, continued under medical supervision. It is contended that the competent medical authority advised complete bed rest in terms of Rule 9(5) of the Rules of 2016. The petitioner accordingly submitted a representation dated 27.04.2026 (Annexure P-4) requesting grant of Special Disability Leave, which was followed by a legal notice dated 09.05.2026 (Annexure P-5), however, no decision was taken by the respondents. 3. Learned counsel for the petitioner refers to Annexure P-6 to substantiate the damage caused to the petitioner's vehicle in the accident. However, respondent No.4, vide the impugned order dated 14.05.2026 (Annexure P-7), rejected the claim of the petitioner on the ground that she was not entitled to Special Disability Leave and adjusted the period of absence against her Earned Leave. It is further argued that during the pendency of the present petition, the petitioner was declared medically fit and she resumed her duties on 16.06.2026. However, the respondents have neither released her salary for the period during which she remained hospitalized nor extended the benefit of MOHD YAKUB 2026.07.13 10:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-18438-2026 3 Special Disability Leave, and the respondents are treating the said period as Extraordinary Leave without pay, which is contrary to the statutory provisions governing the field. 4. Per contra, learned State counsel submits that the petitioner has not produced any disability certificate and, therefore, in the absence of such certificate, she is not entitled to the benefit of Special Disability Leave under the applicable Rules. 5. I have heard learned counsel for the parties and perused the record with their able assistance. 6. The factual matrix giving rise to the present petition is not in dispute. The petitioner is serving as a Lecturer/PGT in Government Senior Secondary School, Hisar. On 30.03.2026, while travelling to her place of posting to perform her official duties, she met with a road accident and sustained multiple grievous injuries, which are as under:- (i) Fracture Acetabulum Right; (ii) Fracture Coccyx; (iii) Fracture Compression Vertebra Multiple; and (iv) Fracture Distal End Radius with Scaphoid. 7. A perusal of the medical record available on file clearly reveals that the petitioner was admitted to Ginni Orthopaedic Centre, Hisar, which is an empanelled hospital, on 30.03.2026 and she remained under treatment till 04.04.2026. The discharge summary and the medical certificates annexed with the writ petition further indicate that the petitioner was advised complete bed rest for recovery till MOHD YAKUB 2026.07.13 10:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-18438-2026 4 24.04.2026. It is also not disputed that the petitioner subsequently resumed duties on 16.06.2026 after being declared medically fit. 8. The claim of the petitioner hinges upon the Haryana Civil Services Leave Rules, 2016, in which Rule 9 contains the “Definitions” clause and sub-rule 9 therein defines the term “Extraordinary Leave”, sub-rule 21 thereof defines the term “Special Disability Leave”, and Rule 49 contains the provision to “Grant of Special Disability Leave”. For a ready reference, Rule 9(9), 9(21) and Rule 49 of the Rules of 2016, are reproduced hereunder:- 9. Definitions.— 9(9) “extraordinary leave” means leave during which no leave salary is admissible except house rent allowance upto first 180 days of spell of leave availed at a time; 9(21) “special disability leave” means a leave admissible to a Government employee who is disabled by injury intentionally inflicted or cause in, or in consequence of the due performance of his official duties or in consequence of his official position; 49. Grant of special disability leave.— (1) The Administrative Department with prior approval of Finance Department is competent to grant special disability leave, for a period upto which it is recommended by the competent medical authority of a Government hospital only but not exceeding 730 days, to a Government employee who is disabled by injury— (a) intentionally inflicted or caused in; or (b) accidentally incurred; or (c) in consequence of the due performance of his official duties; or (d) by illness incurred in the performance of any particular duty; which has the effect of increasing his illness or injury beyond the ordinary risk attaching to the duty performed by him. MOHD YAKUB 2026.07.13 10:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-18438-2026 5 (2) The grant of special disability leave in such case shall be subject to the further conditions that the— (i) disability must be certified by a competent medical authority of a Government Hospital to be directly attributed to the performance of official duty; (ii) period of absence recommended by the competent medical authority of Government Hospital may be covered partly by special disability leave and partly by any other kind of leave, provided that the amount of special disability leave granted on leave salary equal to that admissible on earned leave shall not exceed 120 days. (3) Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it attributed and the person disabled acted with due promptitude in bringing it to the notice of the competent authority, (4) Special disability leave may be combined with leave of any other kind. (5) Special disability leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 730 days of such leave shall be granted in consequence of any one disability. (6) Special disability leave shall not be debited against the leave account. However, necessary entry shall be made on the prescribed form available in Service book of the concerned Government employee. (7) Leave salary during such leave shall be for the— (a) first 120 days, including a period of such leave granted under subrule (5), be equal to leave salary while on earned leave; and (b) remaining period of any such leave, be equal to leave salary while on half pay leave: However, the Government employee may opt for leave salary equal to earned leave for the remaining period for which his half pay leave account shall be debited. Under these circumstances special disability leave and half pay leave shall run concurrently. (8) The provisions of this rule shall also apply to a civil Government employee, disabled in consequence of service with a military force, if he is discharged as unfit for further MOHD YAKUB 2026.07.13 10:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-18438-2026 6 military service, but is not completely and permanently incapacitated for further civil service. (9) The liability of leave salary shall be borne by the concerned foreign employer in respect of Government employee who remained on foreign service, if it is medically certified that the disability has been incurred in or through foreign service, irrespective of the period that has elapsed between the date of reversion and the date of manifestation of the disability. (10) (a) In the case of a person to whom the Workmen's Compensation Act, 1923 (8 of 1923) applies the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable under clause (d) of sub-section (1) of section 4 of the said Act. (b) In the case of a person to whom the Employees' State Insurance Act, 1948 (34 of 1948) applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period. 9. Moreover, Rule 9(5) of the Rules of 2016, defines the term “Competent Medical Authority”, which reads as follows:- 9(5) “competent medical authority” for the purpose of leave on medical certificate means a physician not below the rank of medical officer of a Government hospital, dispensary or a private hospital approved by Haryana Government for the purpose of medical treatment. It also includes physician of an Ayurvedic, Unani and Homoeopathic Government hospital, dispensary and approved similar private hospital(s). For non-gazetted Government employees, in addition to above it includes registered medical practitioner also; 10. A conjoint reading of the aforesaid provisions leaves no manner of doubt that Special Disability Leave is a statutory benefit available to a Government employee who suffers disability on account of injuries intentionally inflicted, accidentally incurred or sustained in consequence of the due performance of official duties or by reason of illness attributable to the discharge of official functions. Rule 49 further MOHD YAKUB 2026.07.13 10:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-18438-2026 7 envisages that such leave is to be granted upon the recommendation of the competent medical authority and also stipulates the manner in which leave salary is to be regulated during the period for which such leave is sanctioned. 11. Equally significant is the definition of "Competent Medical Authority" contained in Rule 9(5) of the Rules of 2016. The said provision specifically includes not only a Government Hospital but also a private hospital approved by the Government of Haryana for the purpose of medical treatment. The legislative intent behind incorporating such an inclusive definition is evident. In cases of emergencies, particularly road accidents, an injured Government employee cannot reasonably be expected to first ascertain the nature of the hospital before seeking life-saving medical treatment. The Rules, therefore, consciously recognise the medical opinion rendered by an empanelled hospital at par with that of a Government Hospital for the purposes contemplated under the Rules. 12. Moreover, a bare reading of the provisions of the Rules of 2016, does not indicate any exclusion whereby teachers serving in Government schools have been kept outside the ambit of the said Rules. The Rules are uniformly applicable to Government employees unless specifically exempted. Consequently, Government school teachers constitute a part of the same class of Government servants and cannot be denied the benefit of the statutory Rules in the absence of any express exclusion. Any interpretation to the contrary would create an MOHD YAKUB 2026.07.13 10:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-18438-2026 8 unreasonable distinction between similarly situated Government employees without any basis in the Rules and would, therefore, be violative of Article 14 of the Constitution of India. 13. The State, being a model employer and a welfare State, is expected to adopt a humane and pragmatic approach while dealing with cases involving Government servants who suffer injuries in circumstances connected with the discharge of their official duties. A Government employee who sustains serious injuries while travelling to perform official duties cannot be deprived of the statutory benefits available under the Rules by adopting an unduly technical approach. Such action defeats the very object underlying the beneficial provisions incorporated in the Rules of 2016. 14. In view of the discussions made hereinabove, the present petition is allowed and the impugned order dated 14.05.2026 (Annexure P-7) is accordingly set-aside. The respondents are directed to consider and grant the petitioner the benefit of Special Disability Leave in accordance with Rule 49 of the Rules of 2016 for the period during which she remained hospitalized and thereafter remained under medically certified treatment and rest, on the basis of the medical certificates already submitted by her, including Annexure P-1 and the subsequent medical certificates available on record. 15. The aforesaid exercise shall be completed by passing a reasoned and speaking order within a period of 04 weeks from the date of receipt of a certified copy of this order. The consequential monetary MOHD YAKUB 2026.07.13 10:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-18438-2026 9 benefits, if found admissible, shall also be released in favour of the petitioner expeditiously in accordance with law. 16. It is made clear that any deviation from the directions issued by this Court, would entitle the petitioner to move an appropriate application under Article 215 of the Constitution of India seeking initiation of contempt proceedings against the respondents. (HARPREET SINGH BRAR) JUDGE 09.07.2026 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MOHD YAKUB 2026.07.13 10:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.