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High Court of Punjab and Haryana · body

2026 DAILYLAW 32003 (PNJ)

SUMAN DEVI v. STATE OF HARYANA AND OTHERS

CWP/12059/2026 · 2026-07-20

Harpreet Singh Brar

body2026

Judgment text

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116 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12059-2026 Date of decision: 20.07.2026 Suman Devi ....Petitioners Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Santlal Barwala, Advocate for the petitioner. Mr. Rahul Dev Singh, Addl.A.G., Haryana. HARPREET SINGH BRAR, J. (ORAL) 1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent No.2 to promote the petitioner as PGT (Chemistry) w.e.f. 01.04.2021, the date when persons junior to her were promoted, along with all consequential benefits and to decide the representation-cum-legal notice dated 18.02.2026 (Annexure P-15). 2. On 20.05.2026, the following order was passed:- “...6. Learned State counsel, on instructions, submits that the petitioner has not been considered for promotion to the post of Post Graduate Teacher (PGT) Chemistry as she does not fulfil the requisite condition under the Haryana State Education School Cadre (Group-B) Service Rules, 2012, regarding two years teaching experience as TGT Science. It is because, after grant of notional promotion as such with effect from 22.03.2016, he actually joined only on 24.02.2025. 7. Learned counsel for the petitioner, however, submits that in terms of law laid down in the judgment dated 16.05.2018, NEHA 2026.07.21 16:13 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-12059-2026 -2- passed in CWP-16150-2016 titled Gurvinder Singh and another v. State of Haryana and others, Annexure P-15, once an employee has been granted notional promotion, he is deemed to be holding the post from that date for all intents and purposes. 8. Learned State counsel seeks an adjournment to get instructions in that regard. 9. Adjourned to 20.07.2026.” 3. Learned counsel for the petitioner submits that he would be satisfied if the representation-cum-legal notice (Annexure P-16) of the petitioner is decided by respondent No.2 by passing a speaking order in a time bound manner. 4. Learned State counsel, appearing on advanced notice, submits that he has no objection in case a direction is issued to respondent No.2 for time- bound consideration and decision of the representation-cum-legal notice (Annexure P-16) of the petitioner by passing a speaking order. 5. Therefore, in view of the limited prayer made by learned counsel for the petitioner, respondent No.2 is directed to consider the representation- cum-legal notice (Annexure P-16) of the petitioner in light of the judgment rendered by this Court in Gurvinder Singh’s case (supra) and pass a speaking order, after affording her 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 shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith by respondent No.2. NEHA 2026.07.21 16:13 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-12059-2026 -3- 6. Disposed of, accordingly. (HARPREET SINGH BRAR) JUDGE 20.07.2026 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NEHA 2026.07.21 16:13 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh