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2026 DAILYLAW 32117 (PNJ)

POONAM RANI v. STATE OF HARYANA AND OTHERS

CWP/14542/2026 · 2026-07-21

Harpreet Singh Brar

body2026

Judgment text

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1 CWP-14542-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 113 CWP-14542-2026 Date of Decision: 21.07.2026 Poonam Rani ....Petitioner VERSUS State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Vikas Kuthiala, Advocate for the petitioner (through V.C). Mr. Rahul Dev Singh, Addl. AG Haryana. HARPREET SINGH BRAR, J. (Oral) 1. On the last date of hearing, the following order was passed by this Court on 06.07.2026:- “The petitioner has approached this Court by filing the present writ petition under Articles 226/227 of the Constitution of India praying for the issuance of a writ in the nature of mandamus directing the respondents to release the benefits of the 1st ACP to the petitioner with effect from 01.04.2022, in terms of Order No. 007845 dated 17.08.2022 (Annexure P-3) issued by the respondent-State of Haryana. A further prayer has been made for the issuance of a writ in the nature of mandamus directing the respondents to pay interest at the rate of 12% per annum on the delayed release of the benefits of the PUNEET CHAWLA 2026.07.22 16:11 I attest to the accuracy and integrity of this document 2 CWP-14542-2026 1st ACP from the date the same became due till the date of actual realization. The learned counsel for the petitioner, inter alia, contends the petitioner was selected and appointed as PGT English vide appointment order dated 05.03.2014 and joined service on 12.03.2014. Upon completion of 8 years of regular service, she was granted the 1st ACP w.e.f. 01.04.2022 vide order dated 17.08.2022, Annexure P-3. Thereafter, Respondent No. 2 vide letter dated 27.09.2023 directed that only the current DDO/Principal was competent to update the petitioner's data on the HRMS portal. Subsequently, Respondent No.3 vide letter dated 18.03.2025 directed the Block Education Officer to correct and update the petitioner's data. In compliance thereof, the Principal of the petitioner's present school vide letter dated 26.05.2025 confirmed that the requisite corrections and updation had been carried out. Thereafter, Respondent No. 3 vide letter dated 18.06.2025 directed the Block Education Officer to attach the updated ACP order of the petitioner. Despite completion of all the requisite formalities and issuance of the aforesaid directions, the benefits of the 1st ACP have not been released to the petitioner. Left with no other efficacious remedy, the petitioner served a legal notice dated 01.04.2026 upon the respondents requesting release of the 1st ACP benefits. However, no action has been taken thereon, compelling the petitioner to approach this Court by way of the present writ petition. In view of the above, respondent No. 2-Director, Secondary Education, Haryana, Shiksha Sadan, is directed to file an affidavit indicating the reasons for the non-release of the PUNEET CHAWLA 2026.07.22 16:11 I attest to the accuracy and integrity of this document 3 CWP-14542-2026 petitioner's 1st ACP benefits despite the grant of the same vide order dated 17.08.2022, with an advance copy thereof to the learned counsel for the petitioner, failing which he shall remain present before this Court in person. Adjourned to 21.07.2026”. 2. Pursuant to the aforesaid order, learned State Counsel has produced an affidavit dated 17.07.2026 sworn by respondent No.2, along with Annexures R-1 and R-2, which are taken on record, subject to all just exceptions. A copy thereof has been supplied to the learned counsel for the petitioner during the course of hearing. Referring to paragraph 3 of the affidavit, learned State Counsel submits that the grievance raised in the present writ petition stands redressed, as the monetary benefits arising out of the grant of the 1st ACP have since been released to the petitioner and, therefore, nothing further survives for adjudication. 3. Per contra, learned counsel for the petitioner submits that the respondents failed to release the monetary benefits flowing from the order dated 17.08.2022 (Annexure P-3) for nearly four years, despite the petitioner having fulfilled all the requisite formalities and repeatedly approaching the authorities. It is contended that the respondents acted only after this Court, vide order dated 06.07.2026, directed respondent No.2 to file an affidavit explaining the reasons for such delay. Learned counsel submits that although the principal amount has now been released during the pendency of the present writ petition, the petitioner has been deprived of the use of her PUNEET CHAWLA 2026.07.22 16:11 I attest to the accuracy and integrity of this document 4 CWP-14542-2026 legitimate dues for an inordinately long period without any justifiable explanation. It is further submitted that the petitioner is entitled to reasonable interest on the delayed payment of the monetary benefits arising out of the grant of the 1st ACP, and the subsequent release of the principal amount does not absolve the respondents of their liability to compensate the petitioner for the prolonged delay. 4. I have heard learned counsel for the parties and have gone through the paper book with their able assistance. 5. It is not in dispute that the petitioner was appointed as PGT English vide appointment order dated 05.03.2014 and joined service on 12.03.2014. Upon completion of eight years of regular service, she was granted the benefit of the 1st Assured Career Progression (ACP) with effect from 01.04.2022 vide order dated 17.08.2022 (Annexure P-3). It is also not disputed that despite the grant of the said benefit, the consequential monetary benefits were not released to the petitioner for a considerable period. The record further reveals that the respondents themselves issued communications dated 27.09.2023, 18.03.2025 and 18.06.2025 directing correction of the petitioner's service particulars and updation of the relevant data on the HRMS portal. The petitioner also served a legal notice dated 01.04.2026 seeking release of the admissible benefits. However, no effective action was taken, compelling the petitioner to invoke the extraordinary writ jurisdiction of this Court. PUNEET CHAWLA 2026.07.22 16:11 I attest to the accuracy and integrity of this document 5 CWP-14542-2026 6. Pursuant to the order dated 06.07.2026 passed by this Court directing respondent No.2 to file an affidavit explaining the reasons for the non-release of the petitioner's 1st ACP benefits, an affidavit dated 17.07.2026 has been filed stating that the grievance of the petitioner has since been redressed and the admissible amount has been released. Thus, the principal relief claimed in the writ petition no longer survives. The only issue that remains for consideration is whether the petitioner is entitled to interest on account of the delayed release of the monetary benefits flowing from the order dated 17.08.2022. 7. In the considered opinion of this Court, the petitioner cannot be denied compensation for the inordinate and unexplained delay in release of the financial benefits which had already accrued in her favour. Once the competent authority had granted the benefit of the 1st ACP vide order dated 17.08.2022 (Annexure P-3), the respondents were under a corresponding obligation to ensure that the consequential monetary benefits were released within a reasonable period. The delay in implementation of the order cannot be attributed to the petitioner. Rather, the record demonstrates that despite repeated administrative communications and completion of the requisite formalities, the admitted dues were released only during the pendency of the present writ petition and after this Court called upon respondent No.2 to explain the delay by way of an affidavit. An employee cannot be deprived of the use of money lawfully due merely because of administrative inaction or procedural lapses on the part of the authorities. PUNEET CHAWLA 2026.07.22 16:11 I attest to the accuracy and integrity of this document 6 CWP-14542-2026 8. Further, the issue is no longer res integra. The Full Bench of this Court in A.S. Randhawa, Superintending Engineer (Retd.) versus State of Punjab and others, 1997 (3) SCT 468 (P&H) (FB), has held that where the employer unjustifiably withholds monetary benefits legitimately due to an employee, the employee is entitled to be compensated by way of interest for the delayed payment. The underlying principle is that a person who is deprived of the timely use of money legally payable to him or her deserves appropriate recompense. The said principle is equally applicable to delayed release of financial benefits arising out of the grant of ACP, particularly when no satisfactory explanation has been furnished for withholding the admitted dues for such a long period. 9. Consequently, the present writ petition is disposed of with a direction to the respondents to calculate and release interest at the rate of 6% per annum on the delayed payment of the monetary benefits arising out of the grant of the 1st ACP vide order dated 17.08.2022 (Annexure P-3). The interest shall be calculated after expiry of three months from the date of the said order for implementation thereof, till the date of actual release of the admissible amount. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order. PUNEET CHAWLA 2026.07.22 16:11 I attest to the accuracy and integrity of this document 7 CWP-14542-2026 10. It is made clear that any wilful deviation or non-compliance of the directions issued by this Court shall entail consequences under Article 215 of the Constitution of India and it shall be open to the petitioner to seek initiation of appropriate contempt proceedings in accordance with law. 11. Pending miscellaneous application(s), if any, shall also stand disposed of. (HARPREET SINGH BRAR) JUDGE 21.07.2026 Puneet Chawla Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2026.07.22 16:11 I attest to the accuracy and integrity of this document