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2026 DAILYLAW 32398 (PNJ)

BRAHMA NAND v. STATE OF HARYANA AND OTHERS

CWP/12973/2026 · 2026-07-21

Harpreet Singh Brar

body2026

Judgment text

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-1- CWP-12973-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 111 CWP-12973-2026 Date of Decision: 21.07.2026 Brahma Nanda .....Petitioner VERSUS State of Haryana and others …..Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Dr. Mohammad Arshad, Advocate and Mr. Mohd. Aadil Hussain, Advocate for the petitioner. Mr. Rahul Dev Singh, Addl.AG, Haryana. ***** HARPREET SINGH BRAR, J. 1. The present writ petition has been filed under Article 226 of the Constitution of India seeking issuance of an appropriate writ, order or direction, particularly in the nature of mandamus, directing the respondents to grant the petitioner the benefit of notional seniority and ante-dated promotion from the post of PGT to that of Principal under the Mewat Cadre, with effect from 17.04.2012, along with all consequential benefits. 2. Learned counsel for the petitioner contends that the petitioner is aggrieved by the action of the respondents whereby similarly situated persons junior to him, have been granted the benefit of notional seniority as well as ante- dated promotion under the Mewat Cadre. Learned counsel further contends that the condition regarding loss of seniority is contrary to the Mewat District School Education (Group C) Service Rules, 2012 (for short, ‘the 2012 Rules’). The petitioner was neither afforded an opportunity to exercise an option for choosing OMKAR SINGH 2026.07.22 16:59 I attest to the accuracy and integrity of this document -2- CWP-12973-2026 the cadre when the 2012 Rules came into force nor was his case considered for inclusion in the Mewat Cadre. Petitioner submitted representation (Annexure P16) to the authorities, but no action has been taken thereon. 3. At this stage, learned counsel for the petitioner submits that he would be satisfied in case a direction is issued to the respondent-authorities to consider and decide the petitioner’s representation dated 12.02.2025 (Annexure P16) by passing a speaking order thereon after affording an opportunity of hearing to him. 4. In view of the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to respondent No.2/competent authority to consider and decide the petitioner’s claim as raised in his representation dated 12.02.2025 (Annexure P16) by passing a reasoned and speaking order, in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of a certified copy of this order. 5. It is further directed that the decision so taken shall be communicated to the petitioner. Needless to observe that in case the petitioner is found entitled to the relief claimed, all consequential benefits shall also be granted expeditiously, in accordance with law. ( HARPREET SINGH BRAR ) July 21 , 2026. JUDGE ‘om’ Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No OMKAR SINGH 2026.07.22 16:59 I attest to the accuracy and integrity of this document