G.R. Cholia Vs Anurag Rastogi and Another — Punjab & Haryana HC (2026) — LawSathi Research

G.R. Cholia Vs Anurag Rastogi and Another — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to take recourse to the appropriate remedy, as per law, in respect of the alleged unpaid leave encashment and non-promotion as Deputy Director; rule discharged; pending applications disposed of.

Issue for consideration

Whether the Writ Court order dated 15.01.2020 in CWP-13420-2015 has been complied with by the respondents. +1 more

Court's answer

No further direction is required: on the compliance report the Writ Court order is taken to have been complied with (arrears totalling Rs. 7,83,301 released with consequential benefits); the petition is disposed of with liberty to the petitioner to take recourse to the appropriate remedy as per law in respect of any residual grievance (leave encashment; promotion as Deputy Director).

Ratio / Principle

Rule issued in the contempt petition stands discharged.

Key takeaways

Pending application(s), if any, shall also stand disposed of.ratio¶26

Detailed headnote1 paragraphs

Contempt petition COCP-251-2024 (O&M) alleging violation of Writ Court order dated 15.01.2020 passed in CWP-13420-2015 ('G.R. Cholia vs. State of Haryana and another'), whereby, in terms of Rule 7.5 Punjab Civil Service Rules, order dated 29.08.2013 was modified to treat the petitioner's suspension period as period spent on duty with all consequential benefits and interest @ 6% per annum from the date of filing of the writ petition till payment. Per the Compliance Report dated 21.03.2024 (affidavit of Sh. Pankaj, Director Treasuries and Accounts Department, Haryana), pay was re-fixed pursuant to Government decision dated 22.02.2024 treating the suspension period as duty, and arrears totalling Rs. 7,83,301 were released vide three pay orders dated 07.03.2024 and 12.03.2024 along with 6% interest. The petitioner contended that leave encashment remained unpaid and that he had not been promoted as Deputy Director. Finding no further direction required, the Court (Nidhi Gupta, J.) disposed of the petition with liberty to the petitioner to take recourse to the appropriate remedy as per law; rule stood discharged and pending applications were disposed of.

COCP-251-2024 (O&M) -1-

IN THE H IGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

211 CO C P-251-2024 (O&M)

Dat e of Decision: 16.02.2026

G.R. Cholia .… Petitioner

Versus

Anurag R a stogi and another .... Respondents

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - Mr. Amit Kumar Jain, Advoc a te for the petitioner.

Mr. Naveen Kumar, Addl. A. G ., Haryana.

NIDHI GUPTA, J. (ORAL)

The present petition has been filed alleging violation of order dated 15. 0 1.2020 (Annexure P-1) passe d by the Writ Court in CWP13420-2015, titled as ‘G.R. Cholia vs. S tate of Haryana and another’, whereby it is directed as follows:-

“In view of the settled l aw and in terms of Rule 7.5 o f Punjab Civil Service Ru l es, impugned order dated 29.08.2013 (P-2) is modi f ied to the extent that the respondents are directed to c o nsider the suspension period o f the petitioner as period sp e nt on duty. The petitioner is entitled to all consequential benefits. The respondents are directed to calculate the amo u nt @ 6% per annum from the date of filing of the writ petiti o n till the payment is made’”

Learned counsel for the r e spondent-State refers to the Complian c e Report dated 21.03.2024 f iled by way of affidavit of Sh. Pank aj , Director Treasuries and A c counts Department, Haryana,

RISHU KATARIA 2026.02.17 18:46 I attest to the accuracy and authenticity of this order/judgment.

COCP-251-2024 (O&M) -2-

wherein it is stated that the Writ Court o r der has been complied with as the petitio n er has been granted all conseq u ential benefits as stated in para No. 9 of the said compliance report, which reads as under:-

“9. That in pursuance to the aforesaid decision of the Government dated 22.02.202 4 (Annexure R-2), the office o f the respondent no. 2/deponen t has already re-fixed the pay o f the petitioner after treating his suspension period as duty period and the deponent vi d e office letter no. TA-HR-(5)2024/1585-86 dated 06.03.2 0 24 has directed the concerned Drawing and Disbursing O fficer (DDO) and Treasury Officers to release the arrear s on the basis of re-fixed pay o f the petitioner along with 6 % interest within 2 days under intimation to the office of the deponent.(A copy of the office letter dated 06.03.2024 along with the order of re-fixation o f pay dated 05.03.2024 are att a ched herewith as Annexure-R3 Colly.).

It is submitted that all the pay m ents have been released to the petitioner vide 03 Pay Orders bearing Nos. (i) 1200223109 dated 07.03.202 4 (₹2,05,385); (ii) 1200223108 d ated 07.03.2024 (₹3,54,319/-); and (iii) 0 3 00226279 dated 12.03.2024 (₹ 2 ,23,597/-) totaling ₹7,83,301/as detailed in letter dated 06.03.2024 (Ann e xure R-3, Colly.)

Learned counsel for the peti t ioner submits that insufficient complianc e of the Writ Court order 15.01 . 2020 (Annexure P-1) has been made for t h e reason that the respondents have failed to pay the amount of leave encashment and also that the petiti o ner has not been promoted as Deputy Di r ector.

Heard.

RISHU KATARIA 2026.02.17 18:46 I attest to the accuracy and authenticity of this order/judgment.

COCP-251-2024 (O&M) -3-

In view of the facts noted above, no further direction is required t o be passed; and the present peti t ion is hereby disposed of, with liberty to t h e petitioner to take recourse to the appropriate remedy, as per law, if any .

Rule stands discharged.

Pending application(s), if any , shall also stand disposed of.

16.02.2026 ( NIDHI GUPTA ) rishu JUDGE

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

RISHU KATARIA 2026.02.17 18:46 I attest to the accuracy and authenticity of this order/judgment.

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 15.01.2020 passed by the Writ Court in CWP-13420-2015 ('G.R. Cholia vs. State of Haryana and another'), modifying order dated 29.08.2013 (P-2) to treat the petitioner's suspension period as period spent on duty, with all consequential benefits and interest @ 6% per annum from the date of filing of the writ petition till payment; alleged to have been violated, prompting this contempt petition.¶12
Writ Court · 15.01.2020
Prior proceeding
Writ petition CWP-13420-2015 decided by order dated 15.01.2020: impugned order dated 29.08.2013 (P-2) modified to direct respondents to consider the petitioner's suspension period as period spent on duty.¶13
Prior proceeding
Same order declared the petitioner entitled to all consequential benefits.¶13
Prior proceeding
Same order directed respondents to calculate the amount payable @ 6% per annum from the date of filing of the writ petition till payment.¶13
Prior proceeding
Compliance Report dated 21.03.2024 filed by way of affidavit of Sh. Pankaj, Director Treasuries and Accounts Department, Haryana.¶14
Prior proceeding
Compliance report (para 9): in pursuance of Government decision dated 22.02.2024 (Annexure R-2), respondent no. 2 has re-fixed the petitioner's pay treating his suspension period as duty period.¶18
Prior proceeding
Vide office letter no. TA-HR-(5)2024/1585-86 dated 06.03.2024 the deponent directed the concerned Drawing and Disbursing Officer (DDO) and Treasury Officers to release arrears on the basis of re-fixed pay.¶18
Prior proceeding
Direction that arrears be released along with 6% interest within 2 days under intimation to the deponent's office.¶18
Prior proceeding
All payments released to the petitioner vide three Pay Orders: (i) No. 1200223109 dated 07.03.2024 (Rs. 2,05,385); (ii) No. 1200223108 dated 07.03.2024 (Rs. 3,54,319/-); (iii) No. 0300226279 dated 12.03.2024 (Rs. 2,23,597/-).¶19
Prior proceeding
Copy of office letter dated 06.03.2024 along with order of re-fixation of pay dated 05.03.2024 attached as Annexure R-3 Colly.¶18
Prior proceeding
Petitioner asserted insufficient compliance of the writ order dated 15.01.2020: leave encashment not paid and promotion as Deputy Director not conferred.¶20