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2026 DAILYLAW 32581 (PNJ)

INDERJEET SINGH AND OTHERS v. STATE OF HARYANA AND OTHERS

CWP/15395/2026 · 2026-07-20

Harpreet Singh Brar

body2026

Judgment text

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120+117 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1) CWP-15395-2026 Date of decision: 20.07.2026 Inderjeet Singh and others ....Petitioners Versus State of Haryana and others ...Respondents 2) CWP-13620-2026 Darshan Singh and others ....Petitioners Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Sandeep Sharma, Advocate for the petitioners. Mr. Rahul Dev Singh, Addl.A.G., Haryana. HARPREET SINGH BRAR, J. (ORAL) 1. With the consent of parties, this common order shall dispose of the aforementioned civil writ petitions as both are identical in nature. However, for the sake of brevity, the facts are taken from CWP-15395-2026. 2. The present civil writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned action of respondents of not releasing Leave Travel Concession (LTC) to petitioners for the block year 2020-2023 further extended upto 03.12.2024 vide Annexure P-2 dated 01.09.2023. Further, for issuance of a writ in the nature of mandamus directing the respondents to release Leave NEHA 2026.07.22 10:00 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-15395-2026 & CWP-13620-2026 -2- Travel Concession (LTC) to petitioners for the above mentioned block year with interest @ 9% per annum from the date LTC was first released to any of the Assistant Professors in respondent No.4-College. 3. Learned counsel for the petitioners inter alia contends that the State of Haryana issued instructions dated 05.02.2009 (Annexure P-1) for Leave Travel Concession (LTC) and one month’s salary was fixed as admissible benefits in a block of 04 years in lieu of LTC/HTC facility. The respondents have extended the block year by one year i.e. upto 03.12.2024 vide instructions dated 01.09.2023 (Annexure P-2). The petitioners are working on different designations i.e. Assistant Professors, Associate Professors, Library Attendant, Lab Attendant, Clerk in various Government Colleges under the Higher Education Department, Haryana. The case of the petitioners for grant of LTC was sent vide sanctioned letter (Annexure P-3) to the Director General, Higher Education, Haryana i.e. respondent No.2. The LTC has been released to many identically circumstanced teaching staff of other colleges and further, during the pendency of the writ petition bearing CWP No.314 of 2026, the learned State counsel has admitted the claim of the petitioners therein and the aforesaid writ petition was disposed of with a direction to the respondents to release LTC to the petitioner(s) within a period of six weeks from the date of certified copy of the said order. He further submits that the petitioners are entitled to the relief along with the interest. 4. Per contra, learned State counsel has produced the instructions dated 16.07.2026, which are taken on record and retained on the case file as NEHA 2026.07.22 10:00 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-15395-2026 & CWP-13620-2026 -3- Mark-‘A’ and submits that the LTC for the block year 2020-2023 has not been released due to non-availability of adequate budget under the relevant Head of Account. As such, the matter has been placed before the competent authority, i.e. the Chief Secretary to Government of Haryana, for consideration. However, the proposal for release of LTC has not been approved by the competent authority and a copy of the order dated 25.02.2025 declining the same has been appended with the instructions as Annexure R-II. As such, the petitioners’ claim cannot be acceded to. 5. Having heard learned counsel for the parties and after perusal of the record, it transpires that a conscious policy decision was taken by the Government of Haryana and a scheme of Leave Travel Concession was introduced on 05.02.2009 (Annexure P-1), providing for payment of one month’s salary to the employees and pensioners in a block year of four years in lieu of LTC. Further, perusal of Annexure P-2 reveals that the block year 2020- 2023 for LTC was extended by one year upto 03.12.2024. The petitioners have further relied upon Annexure P-3, i.e. the sanction order issued in their favour. Moreover, learned State counsel has not disputed the eligibility of the petitioners to avail the benefit of Leave Travel Concession or the fact that the scheme introduced on 05.02.2009 has not been withdrawn till date. 6. It is also not in dispute that identically circumstanced employees have been granted the benefit of LTC for the block years for which the petitioners have raised their claim in the present writ petitions. Further, perusal of Annexure P-4 i.e. the order passed by a Coordinate Bench of this Court in NEHA 2026.07.22 10:00 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-15395-2026 & CWP-13620-2026 -4- Baljinder Kaur and others Vs. State of Haryana and others on 11.02.2026, clearly indicates that the claim of the petitioners therein was accepted and the writ petition was disposed of with a direction to release the LTC to the petitioners therein within a period of six weeks. The respondents-State of Haryana is well within its right to re-visit any policy decision, however, it cannot selectively extend the benefit to some employees and pensioners while denying the same benefit to others similarly situated employees. Such an approach would fall foul of the constitutional mandate enshrined under Article 14 of the Constitution of India. 7. Further, the instructions produced before this Court vide Memo No.DHE-210002/6/2026-Budget dated 16.07.2026 reveal that the proposal for release of LTC was declined by the competent authority on 25.02.2025 as discernible from Annexure R-II appended with the aforesaid instructions. Perusal of the said noting reveals that the claim of the petitioners has been declined in a mechanical manner. The rejection is based upon a noting dated 25.02.2025 recorded by the Superintendent of Human Resources Department, which reads as under:- “HARYANA GOVERNMENT HUMAN RESOURCES DEPARTMENT (Human Resources-I Branch) Subject:-To extend the period of LTC 2020-2023 and grant the budget of LTC. *** The matter has been examined by the Human Resources Department (in Human Resources-I Branch). NEHA 2026.07.22 10:00 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-15395-2026 & CWP-13620-2026 -5- 2. The case has been examined under Government instructions No.12/19/2008-1HR-I, dated 01.09.2023 & 17.09.2023 and decided to decline the same. 3. AD’s file is returned herewith in original. Superintendent Human Resources-I for Additional Chief Secretary to Government, Haryana To Additional Chief Secretary to Government of Haryana Higher Education Department. U.O. No. 13/12/2025-1HR-I Dated 25.02.2025” 8. The aforesaid decision cannot be superseded a conscious policy decision taken by the Government of Haryana. Moreover, after 25.02.2025, it is clearly established that certain employees including the petitioners in Baljinder Kaur’s case (supra) were granted the concession of LTC. As such, the respondents-State of Haryana cannot be allowed to reject the claim of the petitioners on the basis of Annexure R-II or on the ground of non-availability of the budget for the respective block year. 9. In view of the above, both the aforementioned writ petitions are allowed. The respondents are directed to release the LTC to the petitioners, as has been released to the petitioners in Baljinder Kaur’s case (supra). It is, however, made clear that the petitioners shall not be entitled to any interest for the delay in release of the LTC, as the benefit of LTC is a concession granted by the Government of Haryana and cannot be claimed as a vested right. The respondents are directed to release the amount in question within a period of NEHA 2026.07.22 10:00 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-15395-2026 & CWP-13620-2026 -6- eight weeks from the date of receipt of a certified copy of this order, failing which the petitioners shall be entitled to interest at the rate of 6% per annum, to be calculated from the date of expiry of the aforesaid period of eight weeks till the date of actual realization. 10. A photo copy of this order be placed on the file of connected case. (HARPREET SINGH BRAR) JUDGE 20.07.2026 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NEHA 2026.07.22 10:00 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh