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2026 DAILYLAW 33606 (PNJ)

SAMESTA AND OTHERS v. STATE OF HARYANA

CWP/4790/2026 · 2026-07-22

Nidhi Gupta

body2026

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 259 (2 cases) 1. Samesta and others State of Haryana and others 2. Savita and others State of Haryana and others CORAM: Present:- NIDHI GUPTA J. (Oral) petitions is directed against the same order dated (Annexure P No. 8513 of 2026), as well as the consequential orders issued pursuant CWP Nos.4790 and 8513 of 2026 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 259 (2 cases) CWP No.4790 of 2026 Date of decision : Samesta and others Versus of Haryana and others CWP No.8513 of 2026 Savita and others Versus State of Haryana and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Parambir Singh, Advocate and Ms. Parminder Kaur, Advocate for the petitioners (in CWP-4790 Mr. Paramvir Singh Doon, Advocate with Mr. Jasbir Singh Bazzad, Advocate for the petitioners (in CWP-8513 Mr. Teevar Sharma, DAG, Haryana. NIDHI GUPTA J. (Oral) Since the challenge raised in both the aforesaid writ petitions is directed against the same order dated (Annexure P-6 in CWP No. 4790 of 2026 and Annexure P No. 8513 of 2026), as well as the consequential orders issued pursuant Nos.4790 and 8513 of 2026 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 4790 of 2026 (O & M) Date of decision :-22.07.2026 …..Petitioners …..Respondents CWP No.8513 of 2026 (O & M) …..Petitioners …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Parambir Singh, Advocate and Ms. Parminder Kaur, Advocate 4790-2026). Mr. Paramvir Singh Doon, Advocate with Mr. Jasbir Singh Bazzad, Advocate 8513-2026). Mr. Teevar Sharma, DAG, Haryana. Since the challenge raised in both the aforesaid writ petitions is directed against the same order dated 27.06.2024 6 in CWP No. 4790 of 2026 and Annexure P-5 in CWP No. 8513 of 2026), as well as the consequential orders issued pursuant VIJAY ASIJA 2026.07.24 13.57 I attest to the accuracy and integrity of this document thereto, both the petitions are being disposed of by this common order. 226/227 of the Constitution of India, is for issuance of a writ in the nature of 6), whereby respondent No. 2 directed freezing of the service benefits admissible to the petitioners under the By-laws, 2018 dated 27.11.2024 17.01.2025 of Mandamus action against the petitioners or reduce their salaries and other service benefits, on the ground that t of the State Health Mission Service By natural justice and Articles 14 and 16 of the Constitution of India. filed under Articles 22 issuance of a writ in the nature of 27.06.2024 and frozen the service benefits admissible to the petitioners under the State Health Mission Bye orders dated and 17.01.2025 issued not to extend any further service benefits to the petiti to continue freezing the benefits already being availed by them. The CWP Nos.4790 and 8513 of 2026 (O & M) , both the petitions are being disposed of by this common Prayer in CWP No. 4790 of 2026 226/227 of the Constitution of India, is for issuance of a writ in the nature of Certiorari to quash the order dated 6), whereby respondent No. 2 directed freezing of the service benefits admissible to the petitioners under the State Health Mission Service laws, 2018, along with the consequential communications/orders 27.11.2024 (Annexure P-8), 09.01.2025 17.01.2025 (Annexure P-10), and for issuance of a writ in the nature Mandamus directing the respondents not to take any coercive action against the petitioners or reduce their salaries and other service benefits, on the ground that the impugned action is arbitrary, violative of the State Health Mission Service By-laws, 2018, the principles of natural justice and Articles 14 and 16 of the Constitution of India. Prayer in the connected CWP No. 8513 of 2026 filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of Certiorari 27.06.2024 (Annexure P-5), whereby the respondents have withdrawn and frozen the service benefits admissible to the petitioners under the te Health Mission Bye-laws, 2018, together with the consequential orders dated 27.11.2024 (Annexure P-8), 17.01.2025 (Annexure P-10), whereby directions have been issued not to extend any further service benefits to the petiti to continue freezing the benefits already being availed by them. The Nos.4790 and 8513 of 2026 (O & M) 2 , both the petitions are being disposed of by this common CWP No. 4790 of 2026, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the to quash the order dated 27.06.2024 (Annexure P- 6), whereby respondent No. 2 directed freezing of the service benefits State Health Mission Service , along with the consequential communications/orders 09.01.2025 (Annexure P-9) and 10), and for issuance of a writ in the nature directing the respondents not to take any coercive action against the petitioners or reduce their salaries and other service he impugned action is arbitrary, violative laws, 2018, the principles of natural justice and Articles 14 and 16 of the Constitution of India. CWP No. 8513 of 2026, also 6/227 of the Constitution of India, is for Certiorari to quash the order dated 5), whereby the respondents have withdrawn and frozen the service benefits admissible to the petitioners under the , together with the consequential 8), 09.01.2025 (Annexure P-9) 10), whereby directions have been issued not to extend any further service benefits to the petitioners and to continue freezing the benefits already being availed by them. The VIJAY ASIJA 2026.07.24 13.57 I attest to the accuracy and integrity of this document petitioners further seek issuance of a writ in the nature of directing the respondents to restore and continue all service benefits admissible under the said Bye other emoluments, to refund any amount recovered or deducted pursuant to the impugned orders, together with applicable interest, and to grant all consequential service and monetary benefits. that the controversy involved in the present writ petitions is squarely covered by the judgment rendered by this Court in 2025, titled others, decided on connected matters. Malik, La position. It is further submitted that the judgment dated passed in finality, inasmuch as the intra 2026, titled others, came to be dismissed by the Division Bench vide judgment dated 16.07.2026 being no distinguishing feature pointed out so as to take a view different from the one already taken by this Court in and others in terms of the judgment dated CWP Nos.4790 and 8513 of 2026 (O & M) petitioners further seek issuance of a writ in the nature of directing the respondents to restore and continue all service benefits admissible under the said Bye-laws, not to reduce their salaries or other emoluments, to refund any amount recovered or deducted pursuant to the impugned orders, together with applicable interest, and to grant all consequential service and monetary benefits. Learned counsel appearing for th that the controversy involved in the present writ petitions is squarely covered by the judgment rendered by this Court in , titled Dr. Neha Bansal and others vs. State of Haryana and , decided on 17.11.2025 (Annexure P connected matters. Learned State counsel, on instructions from aw Officer, N.H.M., fairly does not dispute the aforesaid position. It is further submitted that the judgment dated passed in Dr. Neha Bansal and others finality, inasmuch as the intra-Court appeal, namely , titled State of Haryana and others vs. Dr. Neha Bansal and , came to be dismissed by the Division Bench vide judgment 16.07.2026. In view of the consensus between the parties and there being no distinguishing feature pointed out so as to take a view different from the one already taken by this Court in and others case (supra), both the present writ petitions are disposed of in terms of the judgment dated 17.11.2025 Nos.4790 and 8513 of 2026 (O & M) 3 petitioners further seek issuance of a writ in the nature of Mandamus directing the respondents to restore and continue all service benefits not to reduce their salaries or other emoluments, to refund any amount recovered or deducted pursuant to the impugned orders, together with applicable interest, and to grant all consequential service and monetary benefits. Learned counsel appearing for the parties are ad idem that the controversy involved in the present writ petitions is squarely covered by the judgment rendered by this Court in CWP No. 3472 of Dr. Neha Bansal and others vs. State of Haryana and Annexure P-11), along with the Learned State counsel, on instructions from Ms. Renu , fairly does not dispute the aforesaid position. It is further submitted that the judgment dated 17.11.2025 rs case (supra) has attained Court appeal, namely LPA No. 1134 of State of Haryana and others vs. Dr. Neha Bansal and , came to be dismissed by the Division Bench vide judgment f the consensus between the parties and there being no distinguishing feature pointed out so as to take a view different from the one already taken by this Court in Dr. Neha Bansal (supra), both the present writ petitions are disposed of 17.11.2025 passed in CWP No. 3472 VIJAY ASIJA 2026.07.24 13.57 I attest to the accuracy and integrity of this document of 2025, others, along with all connected matters. benefits and reliefs as have been granted in the aforesaid judgment, if not already extended, subject to the petitioners being otherwise similarly situated. of. connected matter(s). July 22, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CWP Nos.4790 and 8513 of 2026 (O & M) , Dr. Neha Bansal and others vs. State of Haryana and , along with all connected matters. The respondents shall extend benefits and reliefs as have been granted in the aforesaid judgment, if not already extended, subject to the petitioners being otherwise similarly situated. Pending application(s), if any, shall also stand disposed Photocopy of this order be placed in the file(s) of connected matter(s). , 2026 Whether speaking/reasoned Yes / No Whether Reportable Yes / No Nos.4790 and 8513 of 2026 (O & M) 4 Dr. Neha Bansal and others vs. State of Haryana and The respondents shall extend to the petitioners the same benefits and reliefs as have been granted in the aforesaid judgment, if not already extended, subject to the petitioners being otherwise Pending application(s), if any, shall also stand disposed opy of this order be placed in the file(s) of ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.07.24 13.57 I attest to the accuracy and integrity of this document