CWP-25992-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 121 CWP-25992-2026 (O&M) Date of decision: 18.08.2026 Surender Singh ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Pradeep Chhoker, Advocate for the petitioner. Mr. Rahul Dev Singh, Addl. A.G., Haryana. HARPREET SINGH BRAR J. (Oral) 1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to consider the petitioner as entitled to continue in service upto the age of 60 years i.e. till 31.08.2028, with all consequential benefits, in view of the law laid down by the Division Bench of this Court in CWP-2340-2023, titled as Jora Singh vs State of Haryana and others, decided on 06.11.2025. Further prayer has been made to direct the respondents to allow the petitioner to continue in service beyond his scheduled date of retirement i.e. 31.08.2026, during the pendency of the writ petition. 2. Learned counsel for the petitioner has, inter alia, contended that the petitioner was appointed as a JBT Teacher on 11.03.1997 and was subsequently promoted to the post of Head Teacher and is presently posted at Government Senior Secondary School, Jatwara, District Sonipat, Haryana as discernible from Annexure P-1. It is submitted that MOHD YAKUB 2026.08.18 18:04 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-25992-2026 2 the petitioner is a person with disability, suffering from 65% permanent locomotor disability in his right lower limb, as certified by the competent Medical Authority vide Disability Certificate dated 29.11.2022 and Unique Disability ID Card (Annexures P-2 and P-3, respectively). Learned counsel for the petitioner has further submitted that Rule 143(1)(i) of the Haryana Civil Services (General) Rules, 2016, which prescribed a minimum of 70% disability for getting the benefit of retirement at the age of 60 years, has already been struck down by the Division Bench of this Court in Jora Singh’s case (supra) and as such, in view of the said judgment, the petitioner, being a person with disability and having a valid disability certificate, is entitled to continue in service till the age of 60 years. Feeling aggrieved, the petitioner submitted a representation-cum-legal notice dated 03.08.2026 before the respondents, which remained unheeded. Learned counsel for the petitioner has also relied upon the interim order dated 19.02.2026 passed by this Court in CWP-5076-2026, titled as Vishmber Singh vs. State of Haryana and others, whereby interim stay has been granted in a similar matter. 2.1. Learned counsel for the petitioner, at this stage, submits that he would be satisfied if the legal notice (Annexure P-5) of the petitioner is decided by respondent No.2/competent authority by passing a speaking order in a time bound manner. 3. Learned State counsel, appearing on advance notice, submits that the issue involved in the present petition has already been MOHD YAKUB 2026.08.18 18:04 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-25992-2026 3 considered by the Division Bench of this Court in in CWP-5224-2026, titled as Rajnish Kumar and others vs State of Haryana and others, decided on 10.03.2026, wherein it has been held that after issuance of Notification by Government of Haryana, no candidate can be granted extension in service. However, learned State counsel submits that he has no objection, in case a direction is issued to the respondent No.2/competent authority for time-bound consideration and decision of the legal notice (Annexure P-5) of the petitioner by passing a speaking order. 4. Therefore, in view of the limited prayer made by learned counsel for the petitioner, the respondent No.2/competent authority is directed to consider the legal notice (Annexure P-5) of the petitioner and pass a speaking order, after affording an opportunity of hearing to the petitioner, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith by respondent No.2/competent authority. 5. Disposed of, accordingly. (HARPREET SINGH BRAR) JUDGE 18.08.2026 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MOHD YAKUB 2026.08.18 18:04 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.