Punjab-Haryana High Court
Rajesh Kumar vs State Of Punjab And Others on 22 May, 2026
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
116
CWP-16166-2026
Date of decision : 22.05.2026
Rajesh Kumar ....Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Sanjeev Sharma, Advocate for the petitioner.
NAMIT KUMAR J. (Oral)
1. The present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking issuance of a writ of mandamus directing the respondents to consider the claim of the petitioner under the Old Pension Scheme as the petitioner had joined the department on 21.12.1996 through Employment Exchange and to grant him annual increment and pay scale as admissible to the regular Govt. Employee under the Punjab Civil Services Rules along with the ancillary benefits including seniority from the date of regularization. Further, seeking issuance of a writ of certiorari for quashing conditions No.1 to 3 in order dated 23.04.2013 (Annexure P-1), whereby the benefit of the previous/past 17 years service rendered by the petitioner in the concerned department has been forfeited.
2. Learned counsel for the petitioner submits that for redressal of his grievances, the petitioner has also served legal notice dated 18.08.2025 (Annexure P-2) to the respondents which is still pending consideration. He further submits that at this stage, the petitioner would VINOD KOTHIYAL be satisfied, if appropriate directions are issued to the respondents to 2026.05.22 16:08 I attest to the accuracy and authenticity of this document CWP-16166-2026 -2- consider and decide the said legal notice, by passing a speaking order, in a time bound manner.
3. Notice of motion.
4. Mr. Swapan Shorey, D.A.G., Punjab accepts notice on behalf of the respondents-State. He has no objection to the innocuous prayer made by learned counsel for the petitioner.
5. I have heard learned counsel for the parties and have gone through the record of the case.
6. Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.3/competent authority to consider and decide legal notice dated 18.08.2025 (Annexure P-2) submitted by the petitioner expeditiously, by passing a speaking order after affording an opportunity of hearing to the petitioner, preferably within a period of 03 months from the date of receipt of certified copy of this order. Further, the decision taken thereon shall be conveyed to the petitioner.
(NAMIT KUMAR)
22.05.2026 JUDGE
kothiyal
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
VINOD KOTHIYAL
2026.05.22 16:08
I attest to the accuracy and
authenticity of this document