Rajesh Kumar vs State Of Punjab And Others
2026 Latest Caselaw 5105 P&H

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

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