Jasbir Vs State of Haryana and Others — Writ and Judicial Review | Punjab & Haryana HC (2026)

Jasbir Vs State of Haryana and Others — Writ and Judicial Review | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Impugned relieving order dated 30.01.2025 (P-7) set aside; petitioner's services not to be dispensed with and continuity of service preserved until a fresh decision; petitioner to be taken back forthwith wherever not permitted to rejoin; writ petition to be treated as representation if none filed, with fresh consideration and reasoned orders within four weeks; pending miscellaneous applications, if any, stand disposed of.

Issue for consideration

Whether the order dated 30.01.2025 (P-7) passed by respondent No.5 relieving the petitioner from service, allegedly without appreciating the provisions of the Haryana Contractual Employees (Security of Service) Ordinance dated 14.08.2024, should be quashed by way of certiorari. +1 more

Court's answer

The impugned relieving order dated 30.01.2025 is set aside.

Ratio / Principle

In light of the assurance tendered by the learned State counsel and the concurrence of the petitioner's counsel, the writ petition no longer requires adjudication on merits.

Key takeaways

Till a fresh decision is taken, the services of the petitioner shall not be dispensed with.ratio¶21
Wherever the petitioner has not been permitted to rejoin duties, he shall be taken back forthwith, so that his means of livelihood and his family's sustenance are preserved.ratio¶21
If the petitioner has submitted no representation so far to the State Government or the concerned Head of Department, the writ petition shall be treated as representation, and the case shall be decided afresh after taking into account the pleas raised therein, in accordance with law.ratio

Detailed headnote1 paragraphs

High Court of Punjab and Haryana (Sandeep Moudgil, J., oral order dated 26.02.2026) disposed of CWP-4012-2025 (Jasbir v. State of Haryana and others) without adjudication on merits, acting on the State counsel's undertaking and following the Court's earlier decision in CWP-7437-2025 (Renu and others v. State of Haryana and others, decided 24.12.2025) involving a similar issue concerning contractual employees. The relieving order dated 30.01.2025 (P-7) passed by respondent No.5 was set aside; the petitioner's services were protected from dispensation and his continuity of service preserved until a fresh decision; he was to be taken back forthwith where not permitted to rejoin. The writ petition was to be treated as representation if none had been submitted, and the respondents were directed to reconsider the case with due regard to the petitioner's dignity and the governing statutory framework (including the Haryana Contractual Employees (Security of Service) Ordinance dated 14.08.2024) and pass reasoned orders strictly in accordance with law within four weeks. Pending miscellaneous applications, if any, stood disposed of.

CWP-4012-2025

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268/5 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-4012-2025 Decided on: 26.02.2026

JASBIR

... PETITIONER(S)

VS

STATE OF HARYANA AND OTHERS

... RESPONDENT(S)

Present: Mr. Pardeep Balyan, Advocate for the petitioner.

Dr. Malvika Singh, DAG, Haryana.

Sandeep Moudgil, J.(Oral)

Instant writ petition has been filed under Article 226/227 of the Constitution of India seeking issuance of writ in the nature of certiorari for quashing the order dated 30.01.2025 (P-7) passed by respondent No.5 vide which petitioner has been relieved from service without appreciating the provisions of Haryana Contractual Employees (Security of Service) Ordinance dated 14.08.2024 (P-4) issued by respondent-State.

Learned counsel for the petitioner prays that present petition be disposed of in terms of judgment passed by this Court in CWP-7437-2025 titled as ‘Renu and others vs. State of Haryana and others’ , decided on 24.12.2025 wherein similar issue has been adjudicated.

Learned State counsel undertakes that the impugned relieving order by which the services of the petitioner was dispensed with shall be withdrawn and he will be allowed to continue till a fresh decision is taken. It has further been stated that the State shall undertake a fresh consideration of the matter by examining the case of the petitioner independently and shall pass appropriate

SONIA BURA 2026.03.06 10:51 I attest to the accuracy and integrity of this document

CWP-4012-2025

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orders in accordance with law.

In the light of the assurance tendered by the learned State counsel, and the concurrence of learned counsel for the petitioner, this Court is persuaded that the present writ petition no longer requires adjudication on merits. The impugned relieving order is hereby set aside, and till a fresh decision is taken, the services of the petitioner shall not be dispensed with, and wherever the petitioner has not been permitted to rejoin duties, he shall be taken back forthwith so that his humble means of livelihood are not imperilled and the sustenance of his families are preserved.

In case the petitioner has not submitted any representation so far to the State Government or the concerned Head of the Department, the present writ petition shall be treated as representation, and the case shall be decided afresh after taking into account the pleas raised therein, in accordance with law.

The respondents shall, with due regard to the dignity of the petitioner and the governing statutory framework, reconsider the case, and pass reasoned orders strictly in accordance with law, in both its letter and spirit, within a period of four weeks from the date of receipt of a copy of this order.

Until such fresh orders are passed, the continuity of service of the petitioner shall remain undisturbed.

In view of above, the instant writ petition stands disposed of.

Pending miscellaneous applications, if any, also stand disposed of.

(SANDEEP MOUDGIL) 26.02.2026 JUDGE sonia Whether speaking/non-speaking? Yes/No Whether reportable? Yes/No

SONIA BURA 2026.03.06 10:51 I attest to the accuracy and integrity of this document