Bijender Singh Vs State of Haryana and… — Writ and Judicial Review | Punjab & Haryana HC (2026)

Bijender Singh Vs State of Haryana and… — Writ and Judicial Review | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Direction to the petitioner to submit a fresh representation before respondent No.2 within 04 weeks; respondent No.2 to decide the claim by a reasoned and speaking order within 08 weeks thereafter and convey the decision; relief to be granted forthwith if the petitioner is found entitled; any monetary benefits to carry interest @ 6% per annum from the date due till realization.

Issue for consideration

Whether the respondents can be directed to trace/search the petitioner's misplaced service book, re-fix his salary and pay scale along with similarly situated Masters, condone the break period in service, and grant consequential benefits with 24% interest per annum; and if so, in what manner and on what terms.

Court's answer

The writ petition is disposed of with a direction to the petitioner to submit a fresh representation before respondent No.2 within 04 weeks from receipt of the certified copy of the order.

Ratio / Principle

Respondent No.2 shall consider and decide the petitioner's claim by passing a reasoned and speaking order in accordance with law within 08 weeks of receiving the representation, convey the decision taken to the petitioner, and grant the relief forthwith if the petitioner is found entitled.

Key takeaways

Since the respondent-Department is the custodian of the petitioner's service record, the petitioner cannot be made to suffer on account of its misplacement; accordingly, any monetary benefits found payable to the petitioner shall carry interest @ 6% per annum from the date the amount became due till the date of actual realization.ratio¶20

Detailed headnote1 paragraphs

Punjab and Haryana High Court, Chandigarh - CWP-6753-2022, decided 07.07.2026 by Harpreet Singh Brar, J. (oral). Bijender Singh filed a civil writ petition under Articles 226/227 of the Constitution of India seeking mandamus directing the respondents (State of Haryana and others) to search his service book, re-fix his salary and pay scale along with similarly situated Masters, condone the break period in service, and grant all consequential benefits with 24% interest per annum. During pendency, the service record was traced, whereupon counsel sought decision on a fresh representation. The Court disposed of the petition with directions: the petitioner to submit a fresh representation before respondent No.2 within 04 weeks; respondent No.2 to consider and decide the claim by a reasoned and speaking order in accordance with law within 08 weeks thereafter and convey the decision, granting relief forthwith if the petitioner is found entitled. Observing that the respondent-Department, being custodian of the service record, cannot allow the petitioner to suffer for its misplacement, the Court directed that any monetary benefits found payable shall carry interest @ 6% per annum from the date the amount became due till actual realization.

231 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-6753-2022

Date of decision: 07.07.2026

Bijender Singh ....Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. Rajender Singh Malik, Advocate for the petitioner.

Mr. R.S. Budhwar, Addl.A.G., Haryana and Mr. Rajiv Malhotra, DAG, Haryana.

HARPREET SINGH BRAR, J. (ORAL)

1 . The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus for directing the respondents to search the service book and re-fix the salary and pay scale to the petitioner along with similarly situated Masters and also to condone the break period in service along with all consequential benefits and also along with 24% interest per annum.

2 . Learned counsel for the petitioner, at the outset, submits that during the pendency of the present petition, the service record of the petitioner has been traced and as such, the petitioner's claim is required to be considered in the light of the said service record.

3 . L earned counsel for the petitioner further submits that he would be satisfied if a direction is issued to respondent No.2 to consider and decide the petitioner's claim on the basis of a fresh representation by passing a speaking order.

NEHA 2026.07.08 14:44 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

CWP-6753-2022

-2-

4 . Learned State counsel affirms that service book of the petitioner has been traced, as such, his claim would be considered by passing a speaking order in accordance with the law by respondent No.2.

5 . In view of the submissions made by learned counsel for the parties, the present writ petition is disposed of with a direction to the petitioner to submit a fresh representation before respondent No.2 within a period of 04 weeks from the date of receipt of the certified copy of this order. Upon receipt of the same, respondent No.2 shall consider and decide the claim of the petitioner by passing a reasoned and speaking order, in accordance with law, within a period of 08 weeks thereafter. Further, the decision taken thereof shall be conveyed to the petitioner. In case, the petitioner is found entitled to the relief sought, the same shall be granted forthwith by respondent No.2.

6 . Needless to say that since the respondent-Department is the custodian of the petitioner's service record, the petitioner cannot be made to suffer on account of the misplacement of the said record. Accordingly, in the event the petitioner is found entitled to any monetary benefits, the same shall carry interest @ 6% per annum from the date the amount became due till the date of its actual realization.

(HARPREET SINGH BRAR) JUDGE

07.07.2026 Neha

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

NEHA 2026.07.08 14:44 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh