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High Court of Punjab and HaryanaCWP/24405/2025disposed of

Subhash Chander v. Haryana Shehri Vikas Pradhikaran And Others

2025-08-22Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-24405-2025 (O&M) Date of decision: 22.08.2025 Subhash Chander ....Petitioner

Versus

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

Present:

Mr. Yesh Paul Malik, Advocate for the petitioner.

Mr. Vikrant Pamboo, Advocate for the respondents.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to refix monthly wages of the petitioner after preponement of the date of regularization of his service, w.e.f. 01.01.2003 to 01.02.1996, by modifying his regularization, alongwith consequential service benefits arising thereof, as has been done in the case of his junior co-employee namely Shamsher Singh, whose similar writ petition has already been allowed vide judgment dated 03.04.2006 (Annexure P-3) passed by Division Bench of this Court and the same has been implemented and, thus, attained finality. 2.

Learned counsel for the petitioner has placed reliance upon the judgment rendered by the Division Bench of this Court in

Shamsher Singh vs Haryana Urban Development Authority and others, passed in CWP No.15408 of 2004, decided on 03.04.2006, wherein the similar writ petition filed by the junior employee of the petitioner Shamsher Singh, has been allowed. He further 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.

3.

Learned counsel for the respondents - HSVP, appears on advance notice, 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 with a direction to the respondent - HSVP to consider the claim of the petitioner in light of the judgment rendered in Shamsher Singh's case (supra), as well as the subsequent judgments passed in Suresh Kumar's case (supra), as affirmed 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 22.08.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No