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CWP-25488-2026 Date of Decision: 13.08.2026
Darshana
.....Petitioner VERSUS State of Haryana and others
..Respondents
Present : Mr. Sandeep Goyal, Advocate for the petitioner.
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 fix pension, release the pensionary benefits, amount of gratuity and all service benefits along with interest @ 18% per annum after considering whole service period of husband of petitioner i.e. prior to the regularization of service and after regularization of service in old pension scheme.
2.
Learned counsel for the petitioner, inter alia, contends that the petitioner’s husband was appointed as a Peon on 07.07.2001 and joined his PUNEET CHAWLA 2026.08.14 17:11 I attest to the accuracy and integrity of this document
duties on the same day at Government High School, Kheri Simbal Wali, Kaithal (Annexure P-1). His services were thereafter regularized vide order dated 23.08.2014 (Annexure P-2). Unfortunately, the petitioner’s husband died in harness on 13.10.2014. It is submitted that the petitioner made several representations to the respondents seeking fixation of her pension and release of the retiral/service benefits by counting the entire service rendered by her husband from 07.07.2001 to 13.10.2014; however, no action has been taken thereon. 2.1
Learned counsel further submits that similarly situated persons had filed CWP-5223-2018 and connected cases, Kanta Devi v. State of Haryana and others, which were allowed by this Court vide judgment dated 29.11.2022 (Annexure P-3). The said judgment was challenged by the State by filing LPA No.1892 of 2019 and connected matters, State of Haryana and others v. Jai Bhagwan, which came to be dismissed vide judgment dated 26.07.2024 (Annexure P-4). It is further submitted that the Special Leave Petition preferred against the said judgment was also dismissed by the Hon’ble Supreme Court on 20.09.2024 (Annexure P-5), thereby attaining finality. 2.2
Despite the aforesaid judgments having attained finality, the respondents have not extended similar benefits to the petitioner. The petitioner, accordingly, served a legal notice dated 15.03.2026 (Annexure P-7) upon the respondents, which is also stated to be pending consideration.
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2.2
At this stage, learned counsel for the petitioner submits that he would be satisfied if a direction is issued to respondent-Director of Secondary Education Haryana to consider and decide the legal dated 15.03.2026 (Annexure P-7), by passing a reasoned and speaking order, in accordance with law and in the light of the aforesaid judgments, 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-Director of Secondary Education, Haryana/competent authority to consider and decide the legal notice dated 15.03.2026 (Annexure P-7) by passing a reasoned and speaking
order, in accordance with law and in the light of the judgments relied upon by the petitioner, 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-Director of Secondary Education, Haryana/competent authority to consider and decide the legal notice dated 15.03.2026 (Annexure P-7) by passing a reasoned and speaking order, in accordance with law and while keeping in view the aforesaid judgments (supra), 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.
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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.
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