1 CWP-28308-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH 120 CWP-28308-2026 Date of Decision: 03.09.2026 Shakti Singh Shakti Singh Shakti Singh Shakti Singh Siwach Siwach Siwach Siwach .....Petitioner VERSUS VERSUS VERSUS VERSUS State of Haryana and State of Haryana and State of Haryana and State of Haryana and others others others others ….Respondents CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HARPREET SINGH BRAR HARPREET SINGH BRAR HARPREET SINGH BRAR HARPREET SINGH BRAR Present : Mr. Rahul Gahlian, Advocate for the petitioners. Mr. Rahul Dev Singh, Addl. AG, Haryana. **** HARPREET SINGH BRAR HARPREET SINGH BRAR HARPREET SINGH BRAR HARPREET SINGH BRAR, J. (Oral) , J. (Oral) , J. (Oral) , J. (Oral) 1. This Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ of Certiorari for quashing the order dated 10.12.2025 (Annexure P-10), and for issuance of a writ in the nature of Mandamus directing the respondents to reconsider and grant the petitioner deemed/notional promotion to the higher eligible post and to publish a comprehensive seniority list of Divyang HSHM incorporating the petitioner’s length of service, i.e. 31.12.1984, and to recalculate and release the arrears of salary and other consequential benefits w.e.f. 01.01.1996 to 31.05.2012, as per the corrected comprehensive seniority list of Divyang HSHM, in PARUL VERMA 2026.09.07 09:42 I attest the accuracy and authenticity of this order/judgment 2 CWP-28308-2026 view of the Government Notification dated 25.03.2022 (Annexure P-4), along with penal interest @ 18% per annum. 2 Learned counsel for the petitioners, inter alia, contends that the petitioner was appointed on a work-charge basis and was regularized w.e.f. 16.09.1982 vide order dated 03.12.1984, and he joined on 03.01.1985 (Annexure P-1). The petitioner suffered from disability, which was assessed at 90%, as is discernible from the Disability Certificate dated 07.04.1995 (Annexure P-2), and he was receiving disability allowance. He was promoted to the post of Head Master on a provisional basis vide order dated 20.08.2009 (Annexure P-3) and ultimately retired on 31.05.2012. The Government of Haryana issued notification dated 25.03.2022 (Annexure P-4) for granting 3% reservation in promotion to persons with disabilities under the Persons with Disabilities Act, 1995, and further decided to create supernumerary post in the post in case the disabled employee had retired. On the basis of the above-said notification, vide memo dated 02.11.2023 (Annexure P-5), the list of promotion cases of Divyang Head Masters to the post of Principal was called for. The petitioner submitted a representation, followed by a legal notice dated 29.08.2024 (Annexure P-7), to which respondent No.2 responded by stating that the petitioner was not in the promotion list dated 26.05.2022 and was included in the list dated 04.04.2024 at Sr. No. 40A. The petitioner filed CWP-24507-2025, which was disposed of on 22.08.2025 (Annexure P-9) with a direction to decide the representation of the petitioner. The respondent-Department passed PARUL VERMA 2026.09.07 09:42 I attest the accuracy and authenticity of this order/judgment 3 CWP-28308-2026 an order promoting the petitioner as Head Master, High School, w.e.f. 21.07.2004 notionally, but denied any arrears on the principle of “No Work No Pay” for the period during which he had not actually worked as Head Master, High School. The petitioner’s junior, who was 12 years junior to him at Sr. No. 40 and who was regularized on 18.07.1994, was granted promotional and other benefits. He further submits that the petitioner submitted a representation dated 21.08.2026 (Annexure P-11) to the respondents, requesting correction of the promotion order and release of arrears, which remained unheeded. 3. Learned counsel for the petitioner at this stage submits that the petitioner would be satisfied if a direction is issued to respondent No.2/competent authority to decide the representation dated 21.08.2026 (Annexure P-11) by passing a speaking order in a time bound manner. 4. Learned State counsel, appearing on advanced notice, 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 representation dated 21.08.2026 (Annexure P-11) of the petitioner by passing a speaking order. 5. In view of the limited prayer made by counsel for the petitioner without commenting upon the merits of the case, the present petition is disposed of and respondent No.2/competent authority is directed to hear and decide the representation dated 21.08.2026 (Annexure P-11) filed by the petitioner in a time bound manner and pass PARUL VERMA 2026.09.07 09:42 I attest the accuracy and authenticity of this order/judgment 4 CWP-28308-2026 a speaking order, within a period of two months from the date of receipt of certified copy of this order. 6. Needless to say, if the petitioner is found entitled to the relief sought, the same be granted to him forthwith by respondent No.2/competent authority. 7. Pending miscellaneous application(s), if any, shall also stands disposed of. 03.09.2026 (HARPREET SINGH BRAR) (HARPREET SINGH BRAR) (HARPREET SINGH BRAR) (HARPREET SINGH BRAR) parul verma JUDGE JUDGE JUDGE JUDGE Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PARUL VERMA 2026.09.07 09:42 I attest the accuracy and authenticity of this order/judgment