1 CWP-23036-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 129 CWP-23036-2026 Date of Decision: 27.07.2026 Pushpa Bai .....Petitioner VERSUS State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Saurabh Gulia with Ms. Katyayni Dwevedi, Advocates for the petitioner. Mr. Rahul Dev Singh, Addl. AG Haryana-State. HARPREET SINGH BRAR, J. (Oral) 1. The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ or order in the nature of mandamus directing the respondents to quash and set aside impugned orders dated 20.03.2026, 24.04.2026 and 11.05.2026 (Annexures P-4 to P-6) respectively. Further directing respondents to restore the petitioner’s rightful pay scale and consequential service benefits in accordance with law. 2. Learned counsel for the petitioner, inter alia, submits that the petitioner was initially appointed as a Junior Basic Teacher (JBT) in the year 1997 under the Haryana Primary Education District Cadre (Group-C) PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document 2 CWP-23036-2026 Service Rules, 1994 and was promoted to the post of Head Teacher in 2009, which is the only promotional post available in the natural line of hierarchy under the Haryana Primary School Education (Group-C) District Cadre Service Rules, 2012 (Annexure P-10). It is contended that promotion to the post of TGT (Hindi) is not a promotion in the petitioner's cadre hierarchy but is an appointment outside the cadre, dependent upon acquisition of additional qualifications. 2.1 Learned counsel further contends that the petitioner acquired higher qualifications, namely B.A., B.Ed. and M.A., at her own expense during service. However, on account of her unmarried daughter being 100% permanently disabled and wholly dependent upon her, the petitioner was constrained to forgo promotion to the post of TGT (Hindi). The Disability Certificate dated 05.02.2025 issued by the Civil Hospital, Narnaul has been placed on record as Annexure P-9. 2.2 It is argued that pursuant to the Directorate Memorandum dated 31.01.2024, 08.07.2024, 07.04.2025, 11.07.2025 and 11.09.2025, the petitioner submitted an affidavit dated 16.04.2025 (Annexure P-1) and an application dated 16.04.2025 (Annexure P-2) requesting that she be permitted to forgo promotion owing to the exceptional circumstances arising from the permanent disability of her daughter. Learned counsel further submits that thereafter the Director General of Elementary Education issued Memo dated 03.02.2026 (Annexure P-3) directing action regarding promotion cases, followed by list dated 20.03.2026 (Annexure P-4) wherein the petitioner's name appeared at Serial No.2 amongst teachers who had PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document 3 CWP-23036-2026 foregone promotion, with directions to initiate action under Rule 14 of the Haryana Civil Services (ACP) Rules, 2016. 2.3 It is further contended that in consequence thereof, notice dated 24.04.2026 (Annexure P-5) was issued to the petitioner and thereafter order dated 11.05.2026 (Annexure P-6) was passed whereby her pay was illegally re-fixed from ACP Level-12 to ACP Level-11 by invoking Rule 14(1) of the Haryana Civil Services (ACP) Rules, 2016 solely because she had forgone the promotion. Learned counsel argues that immediately thereafter the petitioner submitted a detailed representation dated 23.05.2026 (Annexure P-7) requesting the respondents not to deduct her 3rd ACP, specifically pointing out that her refusal to accept promotion was not voluntary but was necessitated by the permanent disability of her dependent daughter and promotion to TGT is outside the natural line of hierarchy. However, no decision has been taken on the said representation. 2.4 It is further submitted that the Finance Department, Government of Haryana, issued Memo dated 01.07.2026 (Annexure P-8) clarifying that employees who forego promotion on account of chronic disease shall not be deprived of ACP benefits and their pay shall not be re- fixed under Rule 14(1). Learned counsel contends that although such protection has been extended to employees suffering from chronic diseases, no similar benefit has been granted to employees compelled to forgo promotion due to the permanent disability of their dependent family members, thereby resulting in hostile discrimination violative of Articles 14 and 16 of the Constitution of India. PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document 4 CWP-23036-2026 2.5 Learned counsel lastly contends that since the petitioner was compelled to decline a promotion which is admittedly outside her statutory cadre hierarchy under the Haryana Primary School Education (Group-C) District Cadre Service Rules, 2012 (Annexure P-10), Rule 14 of the Haryana Civil Services (ACP) Rules, 2016 could not have been invoked against her. Consequently, the impugned actions reflected in Annexures P-4, P-5 and P-6 are arbitrary, illegal and liable to be quashed, with a direction to restore the petitioner's ACP Level-12 along with all consequential service benefits. 2.6 At this stage, learned counsel for the petitioner submits that he would be satisfied if a direction is issued to respondent No.2/competent authority to consider and decide the representation dated 23.05.2026 (Annexure P-7), by passing a reasoned and speaking order, in accordance with law and within a time-bound period. 3. On advance notice, learned State counsel submits that he has no objection if a direction is issued to respondent No.2/competent authority to consider and decide the representation dated 23.05.2026 (Annexure P-7) by passing a reasoned and speaking order, in accordance with law and within a stipulated period. 4. In view of the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the claim, the present writ petition is disposed of with a direction to respondent No.2/competent authority to consider and decide the representation dated 23.05.2026 (Annexure P-7) by passing a reasoned and speaking order, in PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document 5 CWP-23036-2026 accordance with law within a period of three months, from the date of receipt of a certified copy of this order. The decision so taken shall be duly communicated to the petitioner forthwith. 5. Needless to say, if the petitioner is found entitled to the relief sought, the same be granted forthwith by respondent/competent authority. 6. Pending miscellaneous application(s), if any, shall also stands disposed of. (HARPREET SINGH BRAR) JUDGE 27.07.2026 Puneet Chawla Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2026.07.29 13:52 I attest to the accuracy and integrity of this document