Jai Pal v. Haryana Shehri Vikas Pradhikaran And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-21501-2025 (O&M) Date of decision: 08.08.2025 Jai Pal ....Petitioner

Versus

Haryana Shehri Vikas Pradhikaran (HSVP) and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Yesh Paul Malik, Advocate for the petitioner.

Mr. Deepak Sabherwal, Advocate with Ms. Ruchika Sabherwal, Advocate for the respondents - HSVP.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Article 226 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the office Memo dated 06.05.2025 (Annexure P-5), passed by respondent No.4, whereby the claim of the petitioner has been declined. Further prayer has been made to issue a writ of mandamus, directing the respondents to refix the monthly wages of the petitioner, after preponement of the date of regularization of services of the petitioner from 01.01.2003 to 01.02.1996, by modifying the regularization, along with consequential service benefits arising thereof.

2.

Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment rendered by the Single Bench of this Court in CWP No.24400 of 2016, titled as Suresh Kumar vs HUDA and others, decided on 08.11.2023, which has been upheld by the Division Bench of this Court in LPA No.2007 of 2024, titled as Haryana Urban Development Authority (now Haryana Shehri Vikas Pradhikaran) and others vs Suresh Kumar, decided on 28.08.2024. He further submits that respondent No.4 has passed the impugned order (Annexure P-5) without considering the aforesaid judgments and also the fact that the petitioner is identically placed. 3.

Learned counsel for the respondents - HSVP, appears in compliance of the order dated 29.07.2025, passed by this Court and submits that the legal notice of the petitioner is being considered by the competent authority and the order will be passed thereon, in accordance with law, at the earliest.

4.

In view of the statement made by learned counsel for the respondents - HSVP, the present petition is disposed of and the impugned order dated 06.05.2025 (Annexure P-5), passed by respondent No.4, is set-aside.

5.

The respondents are directed to consider the claim of the petitioner in the light of the judgments rendered by this Court in CWP No.24400 of 2016, and in LPA No.2007 of 2024, and pass a speaking order, after affording an opportunity of hearing to the petitioner, within a period of 03 months from the date of receiving a

certified copy of this order. 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 to him forthwith. (HARPREET SINGH BRAR) JUDGE 08.08.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No