Extracted from the PDF above. The PDF is authoritative.
1 CWP-29284-2026
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 118
CWP-29284-2026
Date of Decision: 10.09.2026
Dharam Bir Dharam Bir Dharam Bir Dharam Bir Saini Saini Saini Saini ....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. Saurabh Bajaj, Advocate for the petitioner.
Mr. Rahul Dev Singh, Addl. AG Haryana.
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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 Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents to release the full amount of leave encashment along with interest by counting the services rendered by the petitioner on the sanctioned aided post in a Government Aided School. 2
Learned counsel for the petitioner, inter alia, contends that the petitioner was appointed as Maths Master in the Government Aided School on 29.12.1990 as is discernible from Annexure P-1 and thereafter, he was promoted as a Head Master under the Haryana Voluntary State Education Service Rules, 2017. The petitioner was absorbed in the Government service vide order dated 22.12.2017 (Annexure P-2) and he got retired from Government service on
31.03.2022. After the retirement, the respondent released retiral benefits PARUL VERMA 2026.09.11 10:18 I attest the accuracy and authenticity of this
order/judgment
2 CWP-29284-2026
but failed to grant full benefit of leave encashment for the service rendered. He further submitted that the Haryana Aided Schools (Security of Service) Act, 1971 (Annexure P-4) governs the service conditions of employees working in Government Aided Schools and that the State amended the Haryana Voluntary State Education Service Rules, 2017 on 18.08.2021 (Annexure P-5), making the provisions of Haryana Civil Services (Pension) Rules, 2016 applicable to the employees who joined Government Aided Schools before 01.01.2006. The petitioner made representation on 24.10.2022 (Annexure P-6) but the same remained unheeded.
3.
Learned counsel for the petitioner has limited his prayer to the extent that the present petition be treated as a comprehensive representation and the same be decided by the respondent No.3/competent authority in a time-bound manner, by passing a speaking order after affording the petitioner an opportunity of being heard.
4.
Upon advance notice, learned State counsel appears on behalf of the respondent-State and submits that the grievance raised by the petitioner in the present writ petition would be considered by passing a reasoned speaking order in accordance with the law by respondent No.3/competent authority.
5.
In view of the submissions made by learned counsel for the parties and without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to the respondent PARUL VERMA 2026.09.11 10:18 I attest the accuracy and authenticity of this
order/judgment
3 CWP-29284-2026
No.3/competent authority to treat the present writ petition as a comprehensive representation and to consider the claim of the petitioner. A reasoned and speaking order shall be passed after affording the petitioner an opportunity of hearing within a period of six weeks from the date of receipt of a certified copy of this order.
6.
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 the respondent No.3/competent authority.
7.
Pending miscellaneous application(s), if any, shall also stand disposed of.
10.09.2026
(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 2026.09.11 10:18 I attest the accuracy and authenticity of this
order/judgment