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Judgment
HARPREET SINGH BRAR, J. (ORAL)
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 directing the respondents to protect the pay of the petitioner on the post of Principal where she worked upto her retirement on superannuation after her selection on the post by duly constituted Selection Committee and after fixation of her pay with effect from the date of her selection and appointment on the post of Principal, release the arrears along with interest and all consequential benefits. Further direction to release the post retiral benefits along with interest as the same have been withheld by the respondents.
On 23.07.2026, the following order was passed:-
“On 10.03.2026, this Court passed the following order:-
“It is inter alia contended that the petitioner was initially appointed as Lecturer in History in the third respondent-College on 16.08.1986, and was later selected as Principal in the same College on 11.11.2021. However, she was not given benefit of pay protection on the ground that one month’s salary in lieu of notice period had not been deposited by her at the time of submitting resignation. She retired from the College as Principal on 31.01.2024, but no retiral benefits were released to her due to not submitting one month’s salary in lieu of notice period. The Department has now given her exemption from depositing the same vide memo dated 01.07.2025, Annexure P-14. It shows for no fault of hers, the petitioner has been deprived of due retiral benefits for over one year which has caused her financial loss and undue harassment.
2.Learned State counsel, appearing on advance notice, seeks an adjournment to get instructions.
3.Adjourned to 02.04.2026.”
Thereafter, three dates were taken by the learned State counsel for seeking further instructions in terms of the order passed by this Court on 10.03.2026. On the last date of hearing i.e., 09.07.2026, this Court passed the following order:-
“Learned State Counsel seeks a short accommodation to get complete instructions in the matter in terms of the order passed by this Court on 18.05.2026.
Learned State Counsel has already been granted time on the last three occasions on the ground that the Finance Department is in the process of taking a decision with regard to the petitioner's claim. In the interest of justice, one last opportunity is granted to the learned State Counsel to get complete instructions. It is made clear that in the event the requisite instructions are not furnished on or before the next date of hearing, this Court shall be constrained to pass appropriate adverse orders against the Administrative In-charge of the Finance Department, Government of Haryana.
List on 23.07.2026.
A copy of this order be supplied to learned State Counsel for information and strict compliance.”
Learned State counsel seeks yet another opportunity to have complete instructions.
The casual approach adopted by the respondents is deprecated and repeated adjournments taken by the respondents resulted in wastage of valuable judicial time of this Court, which is against public policy.
In view of the above, one last opportunity is granted to learned State counsel to have the complete instructions before the next date of hearing, subject to cost of ₹50,000/- to be paid to the petitioner. However, the department would be at liberty to recover the same from the official/officer who is responsible for not passing on the requisite information sought by the learned State counsel.
List on 11.08.2026.”
In compliance thereof, learned State counsel has produced the written instructions dated 10.08.2026 in the Court today which are taken on record and retained on the case file as ‘Mark-X’. Registry is directed to tag the same at an appropriate in the file. Copy thereof has been supplied to learned counsel for the petitioner.
Learned State counsel submits that the order regarding pay protection of the petitioner has already been approved and on the basis thereof, the consequential orders for release of the retiral benefits of the petitioner shall be passed within a period of four weeks. As such, the grievance raised by the petitioner in the present petition is likely to be redressed and nothing survives for adjudication in the present petition.
In view of the stand taken by the learned State counsel, the present petition is disposed of. The respondents shall act in terms of the statement made by the learned State counsel and pass the consequential orders for release of the retiral benefits of the petitioner within a period of four weeks from the date of receipt of certified copy of this order. However, it is made clear that the petitioner shall be entitled to interest @ 6% per annum on account of the delay in releasing her retiral dues, to be calculated two months from the date of her retirement i.e. 31.01.2024 and the same shall be paid within a period of two months, in terms of the judgment rendered by a Full Bench of this Court in A.S. Randhawa Supg. Engineer (Retd.) vs. State of Punjab 1998 (1) SCT 343.