Dr Harman Gill and Others Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2026)

Dr Harman Gill and Others Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Direction to respondent No.3 to consider and decide legal notice dated 20.04.2026 (Annexure P-14) submitted by the petitioners expeditiously, by passing a speaking order after affording an opportunity of hearing, preferably within a period of 04 months from receipt of certified copy of the order, and to convey the decision taken thereon to the petitioners.

Issue for consideration

Whether the pay scale of the petitioners has been arbitrarily fixed and reduced (from Rs.1,08,800/- to Rs.67,700/-, Level 11, 7th CPC) by the impugned letter dated 26.02.2026, instructions dated 17.07.2020 and Notice dated 17.06.2025, in derogation of the statutory service rules, so as to warrant quashing by certiorari. +1 more

Ratio / Principle

The petition was disposed of with a direction to respondent No.3 to consider and decide legal notice dated 20.04.2026 (Annexure P-14) expeditiously by passing a speaking order after affording an opportunity of hearing to the petitioners, preferably within 04 months from receipt of certified copy of the order, and to convey the decision taken thereon to the petitioners.

Key takeaways

The Court expressly declined to go into the merits of the challenge to the pay-scale fixation/reduction at this stage, leaving that question open.obiter¶¶18

Detailed headnote1 paragraphs

Writ petition (CWP-17856-2026) under Articles 226/227 of the Constitution of India by Dr. Harman Gill and others against the State of Punjab and others, challenging the impugned action/orders including letter dated 26.02.2026 (Annexure P-2) whereby the petitioners' pay scale was allegedly arbitrarily fixed and reduced from Rs.1,08,800/- to Rs.67,700/- (Level 11, 7th CPC), in derogation of the Baba Farid University of Health Sciences (Group-A) Service Rules, 2016 dated 27.06.2016 read with the Punjab Civil Services (Revised) Pay Rules, 2021, and seeking quashing of instructions dated 17.07.2020 (Annexure P-4) and Notice dated 17.06.2025 (Annexure P-5), restoration of the pay scale per the statutory rules and consequential benefits with interest @ 9% per annum. Counsel for the petitioners stated that legal notice dated 20.04.2026 (Annexure P-14) served on the respondents was still pending and confined the prayer to a direction for its decision by speaking order in a time bound manner. Without going into the merits, the Single Bench of Namit Kumar J. disposed of the petition on 29.05.2026, directing respondent No.3 to consider and decide the said legal notice expeditiously by a speaking order after affording an opportunity of hearing, preferably within 04 months of receipt of certified copy, and to convey the decision to the petitioners.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

137

CWP-17856-2026 Date of decision : 29.05.2026

Dr. Harman Gill and others ....Petitioners

Versus

State of Punjab and others ...Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present: Mr. Umesh Aggarwal, Advocate for the petitioners.

NAMIT KUMAR J. (Oral)

The present petition has been filed by the petitioners under Articles 226/227 of the Constitution of India, seeking issuance of a writ of certiorari for quashing the impugned action/orders including the subsequent letter dated 26.02.2026 (Annexure P-2), whereby the pay scale of the petitioners has been arbitrarily fixed and reduced from Rs.1,08,800/- to Rs.67,700/- (Leval 11, 7^th CPC), in derogation of the statutory Baba Farid University of Health Sciences (Group-A) Service Rules, 2016 dated 27.06.2016 (P-3) read with the Punjab Civil Services (Revised) Pay Rules, 2021 as amended from time to time and for quashing the instructions dated 17.07.2020 (Annexure P-4) and Notice dated 17.06.2025 (Annexure P-5). Further, seeking issuance of a writ of mandamus directing the respondents to restore and grant the pay scale to the petitioners in terms of the abovesaid statutory rules instead of applying the executive Instructions dated 17.07.2020 (Annexure P-4) and notice dated 17.06.2025 (Annexure P-5), and to release all consequential benefits with interest @ 9% per annum.

Learned counsel for the petitioners submits that for redressal of their grievances, the petitioners have also served legal notice dated 20.04.2026 (Annexure P-14) to the respondents which is still pending consideration. He further submits that at this stage, the petitioners would be satisfied, if appropriate directions are issued to the

VINOD KOTHIYAL 2026.05.29 18:27 I attest to the accuracy and authenticity of this document

CWP-17856-2026

-2-

respondents to consider and decide the said legal notice, by passing a speaking order, in a time bound manner.

Notice of motion. 4. Mr. Satnampreet Singh Chauhan, D.A.G., Punjab accepts notice on behalf of respondents No.1 & 2-State. On the asking of the Court, Mr. K.S. Dadwal, Advocate accepts notice on behalf of respondents No.3 & 4. They have no objection to the innocuous prayer made by learned counsel for the petitioners.

I have heard learned counsel for the parties and have gone through the record of the case.

Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.3 to consider and decide legal notice dated 20.04.2026 (Annexure P-14) submitted by the petitioners expeditiously, by passing a speaking order after affording an opportunity of hearing to the petitioners, preferably within a period of 04 months from the date of receipt of certified copy of this order. Further, the decision taken thereon shall be conveyed to the petitioners.

29.05.2026		(NAMIT KUMAR) JUDGE
*kothiyal*
	Whether speaking/reasoned:	Yes/No
	Whether reportable:	Yes/No

VINOD KOTHIYAL 2026.05.29 18:27 I attest to the accuracy and authenticity of this document