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2026 DAILYLAW 37808 (PNJ)

SURENDER SINGH v. STATE OF HARYANA AND OTHERS

CWP/28263/2026 · 2026-09-03

Harpreet Singh Brar

body2026

Judgment text

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1 CWP-28263-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 115 CWP-28263-2026 Date of Decision: 03.09.2026 Surender Singh .....Petitioner VERSUS State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Brijesh Kumar with Ms. Sheetal Jaiswal and Mr. Virender Singh , Advocates for the petitioner. Mr. Naveen Singh Panwar, DAG Haryana. Mr. Rajesh K. Sheoran, Advocate for respondent No.3. HARPREET SINGH BRAR, J. (Oral) 1. The present writ petition has been filed under Article 226 of the Constitution of India seeking issuance of an appropriate writ, order or direction, particularly in the nature of mandamus, directing respondents decide the representation dated 04.08.2025 (Annexure P-6) for the payment of benefits of ACP from 07.03.2024 as he is entitled the ACPL-13 from the date of completion of five years’ service as SDE along with interest from 07.03.2024 till release on the delayed payment. Further directing respondent No.2 to arrange concurrence regarding the ACP level of the post SDO under PUNEET CHAWLA 2026.09.05 14:03 I attest to the accuracy and integrity of this document 2 CWP-28263-2026 cadre specific (ACP) from Finance Department dated 05.03.2026 (Annexure P-7). 2. Learned counsel for the petitioner, inter alia, contends that the respondent-University has prescribed the strength of its establishment for non-teaching staff vide Annexure P-5, wherein one sanctioned post of Sub Divisional Officer/Engineer has been provided and it has been specifically stipulated that, after five years of regular and satisfactory service in the cadre, the incumbent would be entitled to the prescribed ACP pay scale. 2.1 Learned counsel for the petitioner further submits that the petitioner completed five years of satisfactory service on the post of SDE on 07.03.2024 and, consequently, became entitled to the benefit of ACP from the said date. However, the said benefit has not been extended to him. The petitioner accordingly submitted a detailed representation dated 04.08.2025 to respondent No.3-University seeking grant of the ACP benefit from 07.03.2024, along with interest on the delayed payment, which is annexed as Annexure P-6. 3. Learned counsel for the petitioner submits that respondent No.3-University thereafter sent the requisite proposal to respondent No.2 on 05.12.2024 for further action/concurrence regarding the ACP level admissible to the post of SDE under the cadre-specific ACP scheme. Despite the lapse of considerable time, no decision has been taken by respondent PUNEET CHAWLA 2026.09.05 14:03 I attest to the accuracy and integrity of this document 3 CWP-28263-2026 No.2. The University subsequently also sent a reminder dated 05.03.2026, annexed as Annexure P-7. 4. Learned counsel for the petitioner, therefore, submits that the petitioner is only seeking consideration and appropriate decision on the proposal already forwarded by respondent No.3-University to respondent No.2, so that his claim for the ACP benefit is brought to its logical conclusion in accordance with the applicable Rules and Policy. 5. On advance notice, learned State Counsel waives service of notice on behalf of respondent-State and submits that the claim of the petitioner arising out of the proposal sent by respondent No.3-University to respondent No.2 shall be considered and appropriate orders shall be passed as expeditiously as possible. 6. In view of the aforesaid stand taken by learned counsel for the parties, the present petition is disposed of with a direction to respondent No.2 to consider the proposal sent by respondent No.3-University on 05.12.2024 and to pass a reasoned and speaking order thereupon, in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this order. 7. It is, however, made clear that in case the aforesaid exercise is not completed within the stipulated period of four weeks, the petitioner shall be entitled to costs of Rs.1,00,000/- (Rupees One Lakh only), recoverable from the concerned respondent in accordance with law. PUNEET CHAWLA 2026.09.05 14:03 I attest to the accuracy and integrity of this document 4 CWP-28263-2026 8. Pending miscellaneous applications, if any, stand disposed of accordingly. 9. It is further made clear that any wilful deviation or non- compliance of the directions issued by this Court shall entail consequences under Article 215 of the Constitution of India and it shall be open to the petitioner to seek initiation of appropriate contempt proceedings in accordance with law. (HARPREET SINGH BRAR) JUDGE 03.09.2026 Puneet Chawla Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PUNEET CHAWLA 2026.09.05 14:03 I attest to the accuracy and integrity of this document