1 CWP-23111-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 116 CWP-23111-2026 Date of Decision: 28.07.2026 Mahender Singh .....Petitioner VERSUS State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Himani Makkad with Mr. Raj Kumar Makkad, 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 respondents to grant petitioner deemed date promotion to the post of Post Graduate Teacher (PGT) against the reservation in promotion meant for persons with benchmark disabilities from the date on which he became entitled and the consequent revision of his seniority from Sr. No.288 to Sr. No.172-K as recorded by State Commissioner for persons with disabilities vide order dated 24.02.2023 and 13.04.2023 (Annexures P-8 and P-9) in accordance with Section 33 of the PUNEET CHAWLA 2026.07.29 16:21 I attest to the accuracy and integrity of this document 2 CWP-23111-2026 Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 34 of the Rights of Persons with Disabilities Act, 2016 and the Government of Haryana instructions dated 11.07.2023 (Annexures P-14 and P-15) respectively, together with all consequential service benefits including revision of seniority, continuity of service, notional pay fixation, arrears of pay and allowances, pensionary benefits and all other consequential monetary and service benefits along with interest @ 12% per annum. Further to grant the petitioner consequential deemed date promotion to post of Principal from the date on which he became entitled along all consequential benefits. Further directing respondents to consider and decide the petitioner’s pending claim for deemed date promotion to post of PGT which was duly forwarded through Block Education Officer, Rewari vide communication dated 07.06.2023 (Annexure P-10) and thereafter by the Principal, Government Girls Senior Secondary School, Rewari vide forwarding letter dated 08.06.2023 (Annexure P-11) by passing reasoned and speaking order. 2. Learned counsel for the petitioner, inter alia, contends that the petitioner is a person with benchmark disability and is entitled to the benefit of reservation in promotion in terms of Section 34 of the Rights of Persons with Disabilities Act, 2016. It is submitted that despite the petitioner having become eligible for promotion to the post of Trained Graduate Teacher (TGT), he has been illegally denied the benefit of promotion against the roster point earmarked for persons with benchmark disabilities, whereas PUNEET CHAWLA 2026.07.29 16:21 I attest to the accuracy and integrity of this document 3 CWP-23111-2026 similarly situated employees have been extended the said benefit. Learned counsel further submits that the respondents have failed to consider the petitioner's claim in the light of the revised seniority list and the statutory mandate embodied under Section 34 of the Act. It is contended that the issue is no longer res integra and stands authoritatively settled by the Hon'ble Supreme Court in State of Kerala and others Vs. Leesamma Joseph, (2021) 9 SCC 208, and by this Court in Ramjee Lal Vs. State of Haryana, ILR 2010(2) P&H 513, Gulshan Kumar and others Vs. Haryana Power Generation Corporation Limited and others, 2016(4) SCT 385 (P&H), and Tarlok Singh Kahlon Vs. State of Punjab and another, (2021) 2 SLR 649 (P&H), wherein the rights of persons with benchmark disabilities to reservation in promotion and consequential service benefits have been duly recognized. It is further submitted that pursuant to the aforesaid legal position, the Block Education Officer, Rewari, vide communication dated 07.06.2023 (Annexure P-10), forwarded the petitioner's case for grant of deemed date promotion from the post of TGT to PGT to the competent authority. Thereafter, the Principal, Government Senior Secondary School, Rewari, also forwarded the petitioner's case through the proper channel vide letter dated 08.06.2023 (Annexure P-11). However, despite the lapse of more than two years and the matter having been processed through the competent authorities, no final decision has been taken by the respondents, thereby causing serious prejudice to the petitioner and depriving him of his legitimate promotional and consequential service benefits. Such inaction on PUNEET CHAWLA 2026.07.29 16:21 I attest to the accuracy and integrity of this document 4 CWP-23111-2026 the part of the respondents is stated to be arbitrary, unreasonable and contrary to the statutory mandate as well as the law laid down by the Hon'ble Supreme Court and this Court. However, at this stage, learned counsel for the petitioner submits that he would be satisfied if the present writ petition is disposed of with a direction to respondent No.2/competent authority to consider and decide the representation/legal notice (Annexure P- 13) by passing a reasoned and speaking order, after duly considering the provisions of Section 34 of the Rights of Persons with Disabilities Act, 2016, the revised seniority list and the binding precedents in Leesamma Joseph, Ramjee Lal, Gulshan Kumar and Tarlok Singh Kahlon (supra) , strictly in accordance with law and within a time-bound period. 3. On advance notice, learned State counsel accepts notice on behalf of the respondents and submits that he has no objection if a direction is issued to respondent No.2/competent authority to consider and decide the letter dated 07.08.2025 (Annexure P-13) by passing a reasoned and speaking order, strictly in accordance with law and after examining the petitioner's claim in the light of the relevant statutory provisions, the applicable rules, the revised seniority list and the judgments referred to hereinabove (supra), 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 rival claims of the parties, the present writ petition is disposed of with a direction to respondent No.2/competent authority to consider and decide the letter PUNEET CHAWLA 2026.07.29 16:21 I attest to the accuracy and integrity of this document 5 CWP-23111-2026 dated 07.08.2025 (Annexure P-13) by passing a reasoned and speaking order, after taking into consideration the provisions of Section 34 of the Rights of Persons with Disabilities Act, 2016, the revised seniority list, and the judgments cited hereinabove (supra), strictly in accordance with law, within a period of two months from the date of receipt of a certified copy of this order. The decision so taken shall be communicated to the petitioner forthwith. 5. Needless to observe that, in the event the petitioner is found entitled to the relief claimed, the same shall be extended to him expeditiously, in accordance with law. 6. Pending miscellaneous application(s), if any, shall also stands disposed of. (HARPREET SINGH BRAR) JUDGE 28.07.2026 Puneet Chawla Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2026.07.29 16:21 I attest to the accuracy and integrity of this document