Disposed

Samesta and Others v. State of Haryana

Punjab & Haryana HC22 Jul 2026CWP/4790/2026

Case brief

AI extract

What is this about?

This common order disposed of two writ petitions filed by Samesta and others and Savita and others challenging orders that froze their service benefits under the State Health Mission Service By-laws. The court held that the petitions were squarely covered by a prior judgment and disposed of them in terms of that decision.

What did the court decide?

Respondents directed to extend same benefits and reliefs as granted in the Dr. Neha Bansal judgment if not already extended.

Samesta and Others Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2026)

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CWP Nos.4790 and 8513 of 2026 ( O & M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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259 (2 case s ) 1. CWP No.4790 of 2026 (O & M) Date of decision :-22.07.2026

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Samesta and others

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…..Petitioners

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Versus

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State of Haryana and others

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…..Respondents

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CWP No.8513 of 2026 (O & M)

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Savita and others

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…..Petitioners

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Versus

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State of Haryana and others

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…..Respondents

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CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Parambir Singh, Advoc a te and Ms. Parminder Kaur, Advoc a te for the petitioners (in CWP- 4 790-2026).

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Mr. Paramvir Singh Doon, A dvocate with Mr. Jasbir Singh Bazzad, A d vocate for the petitioners (in CWP- 8 513-2026).

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Mr. Teevar Sharma, DAG, H aryana.

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NIDHI GUPTA J. (Oral)

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Since the challenge raised in both the aforesaid writ petitions is directed against the sa m e order dated 27.06.2024 (Annexu r e P-6 in CWP No. 4790 of 202 6 and Annexure P-5 in CWP No. 8513 of 2026), as well as the conseq u ential orders issued pursuant

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VIJAY ASIJA 2026.07.24 13.57 I attest to the accuracy and integrity of this document

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CWP Nos.4790 and 8513 of 2026 ( O & M) 2 thereto, b oth the petitions are being d i sposed of by this common order.

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Prayer in CWP No. 4790 o f 2026, filed under Articles 226/227 o f the Constitution of India, is for issuance of a writ in the nature of Certiorari to quash the order da t ed 27.06.2024 (Annexure P- 6), wher e by respondent No. 2 directed fr e ezing of the service benefits admissib l e to the petitioners under the S tate Health Mission Service By-laws, 2018, along with the consequ e ntial communications/orders dated 27 . 11.2024 (Annexure P-8), 09.01.2025 (Annexure P-9) and 17.01.20 2 5 (Annexure P-10), and for iss u ance of a writ in the nature of Mand a mus directing the respondents not to take any coercive action ag a inst the petitioners or reduce t h eir salaries and other service benefits, o n the ground that the impugne d action is arbitrary, violative of the St a te Health Mission Service By- l aws, 2018, the principles of natural j u stice and Articles 14 and 16 of t h e Constitution of India.

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Prayer in the connected C W P No. 8513 of 2026, also filed un d er Articles 226/227 of the C onstitution of India, is for issuance o f a writ in the nature of Certi o rari to quash the order dated 27.06.20 2 4 (Annexure P-5), whereby the respondents have withdrawn and frozen the service benefits admissibl e to the petitioners under the State He a lth Mission Bye-laws, 2018, to g ether with the consequential orders dated 27.11.2024 (Annexure P-8) , 09.01.2025 (Annexure P-9) and 17. 0 1.2025 (Annexure P-10), wh e reby directions have been issued not to extend any further service b enefits to the petitioners and to contin u e freezing the benefits already being availed by them. The

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VIJAY ASIJA 2026.07.24 13.57 I attest to the accuracy and integrity of this document

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CWP Nos.4790 and 8513 of 2026 ( O & M) 3

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petitione r s further seek issuance of a writ in the nature of Mandamus directing the respondents to restore and continue all service benefits admissib l e under the said Bye-laws, n o t to reduce their salaries or other e m oluments, to refund any am o unt recovered or deducted pursuant to the impugned orders, toget h er with applicable interest, and to gr a nt all consequential service and monetary benefits.

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Learned counsel appearing for the parties are ad idem that the c ontroversy involved in the present writ petitions is squarely covered b y the judgment rendered by thi s Court in CWP No. 3472 of 2025, titled Dr. Neha Bansal and others vs. State of Haryana and others , d ecided on 17.11.2025 (Anne x ure P-11), along with the connecte d matters.

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Learned State counsel, on i nstructions from Ms. Renu Malik, L a w Officer, N.H.M., fairly do e s not dispute the aforesaid position. It is further submitted that the judgment dated 17.11.2025 passed i n Dr. Neha Bansal and others case (supra) has attained finality, i n asmuch as the intra-Court app e al, namely LPA No. 1134 of 2026, tit l ed State of Haryana and othe r s vs. Dr. Neha Bansal and others , c a me to be dismissed by the Di v ision Bench vide judgment dated 16. 0 7.2026.

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In view of the consensus b e tween the parties and there being no distinguishing feature pointe d out so as to take a view different f rom the one already taken by t h is Court in Dr. Neha Bansal and others case (supra), both the present writ petitions are disposed of in terms o f the judgment dated 17.11.20 2 5 passed in CWP No. 3472

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VIJAY ASIJA 2026.07.24 13.57 I attest to the accuracy and integrity of this document

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CWP Nos.4790 and 8513 of 2026 ( O & M) 4 of 2025, Dr. Neha Bansal and others vs. State of Haryana and others , along with all connected matters.

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The respondents shall exten d to the petitioners the same benefits a nd reliefs as have been granted in the aforesaid judgment, if not alre a dy extended, subject to the petitioners being otherwise similarly situated.

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Pending application(s), if a n y, shall also stand disposed of.

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Photocopy of this order b e placed in the file(s) of connecte d matter(s).

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July 22, 2 026 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2026.07.24 13.57 I attest to the accuracy and integrity of this document

Samesta and Others v. State of Haryana

Case brief

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Samesta and Others v. State of Haryana

Case brief

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