Sourabh Yadav vs State Of Haryana And Ors

112 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-22792-2026
Date of decision: 07.09.2026
Sourabh Yadav ....Petitioner

Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Ms. Ishita Jindal, Advocate for
Mr. Sarthak Gupta, Advocate
for the petitioner.
Mr. Rahul Dev Singh, Addl.A.G., 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 directing the respondents to re-issue/communicate a fresh
appointment letter to the petitioner and to permit him to join the post of TGT
Science (Rest of Haryana Cadre) in terms of appointment/posting order dated
10.09.2025 (Annexure P-5) read with the revised final result dated 06.07.2026
(Annexure P-10) with all consequential benefits and pay fixation w.e.f.
29.07.2024 at par with similarly situated candidates. Further, for issuance of a
writ in the nature of certiorari for quashing the action/inaction of the
respondents in treating the petitioner’s appointment as having lapsed upon
expiry of the seven day joining period reckoned from the date of issuance of an
order admittedly never communicated to him and in not deciding his application
dated 22.09.2025 (Annexure P-6) and representation dated 29.04.2026
(Annexure P-9). Further prayer has been made to direct the respondents to
NEHA
2026.09.08 16:01
I attest to the accuracy and integrity of this
document
Punjab and Haryana High Court,
Chandigarh

CWP-22792-2026 -2-
provisionally permit the petitioner to join the post in question at the allotted or
any other available station or in alternative to keep one post of TGT Science
(RoH) vacant/reserved subject to the final outcome of the present petition.
2. On 20.08.2026, the following order was passed:-
“Learned State Counsel, on instructions from Rajesh Nehra,
Assistant Director, Directorate of Elementary Education, Panchkula,
has produced in Court a copy of the order dated 10.09.2025 as well
as a letter in Hindi/vernacular. The same are taken on record.
Registry is directed to place the same at an appropriate place on the
record. Learned State Counsel is, however, directed to place on
record the English translation thereof, in accordance with the norms
of this Court, on the next date of hearing.
Upon this, learned counsel appearing for the petitioner submits
that the instructions produced by learned State Counsel do not
correctly reflect the factual position, as no appointment letter/order
dated 10.09.2025 was ever served upon the petitioner by the Director
General, Elementary Education, Haryana. Learned counsel submits
that the order dated 10.09.2025, bearing endorsement No.02/01/2025
TGT (R&A)(1), was merely forwarded to various authorities,
including the concerned District Elementary Education Officers, for
information and necessary action, with a direction to verify the
relevant documents before permitting the concerned candidates to
join at their allotted stations and to forward their joining reports.
Learned counsel further refers to Annexure P-9 and submits that
even the letter bearing No.15/116-2025 TGT R&A(1) dated
26.11.2025, uploaded on the official website on 03.12.2025, records
that the petitioner had joined the post in question and, additionally,
an Employee ID had also been assigned to him, which, according to
learned counsel, is factually incorrect. It is further submitted that the
aforesaid circumstances prima facie indicate that the respondents
and the official who furnished the instructions have not placed the
correct factual position before this Court and have attempted to
mislead the Court.
NEHA
2026.09.08 16:01
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document
Punjab and Haryana High Court,
Chandigarh

CWP-22792-2026 -3-
In view of the aforesaid submissions, learned State Counsel, on
instructions, submits that the petitioner had himself visited the office
of the Directorate of Elementary Education, Haryana, situated at
Shiksha Sadan, Sector-5, Panchkula, and met the concerned
instructing official on 17.09.2025, who is present before this Court.
However, learned State Counsel is unable to answer the specific
query put by this Court as to whether any separate formal
appointment letter was issued to the petitioner pursuant to the order
dated 10.09.2025 and, if so, the manner in which the same was
communicated/served upon him.
In view of the above, respondent No.2 is directed to file his
personal affidavit, specifically placing on record the appointment
letter issued to the petitioner pursuant to the order dated 10.09.2025,
along with the mode and proof of its communication/service upon the
petitioner, including the relevant endorsement number. Respondent
No.2 shall further produce before this Court, in original, the
diary/dispatch register of his office for the period from 10.09.2025 to
17.09.2025, so as to enable this Court to ascertain whether any such
appointment letter was issued and dispatched to the petitioner during
the aforesaid period.
The aforesaid affidavit and original record be produced within a
period of two weeks.
List on 07.09.2026.”
3. In compliance thereof, the affidavit of Ms. Manita Malik, Director,
Elementary Education, Haryana, Panchkula, dated 01.09.2026 on behalf of
respondent No.2 has been produced in Court today, which is taken on record.
The Registry is directed to tag the same at an appropriate place in the file.
4. Learned counsel for respondent No.2 refers to para 5 of the said
affidavit and submits that the Department did not dispatch the appointment
letter to the petitioner through post. However, the Department telephonically
NEHA
2026.09.08 16:01
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Punjab and Haryana High Court,
Chandigarh

CWP-22792-2026 -4-
informed the petitioner on 17.09.2025 to receive his appointment letter and join
to the post of TGT Science.
5. Learned counsel for the petitioner submits that the appointment
letter clearly indicates that a consolidated appointment order in respect of 09
candidates was issued on 10.09.2025 (Annexure R-1) and in the endorsement, it
is clearly mentioned at serial No.7 that a copy of the same was sent to the
candidate concerned. However, the last date for joining in terms of the
appointment letter was 17.09.2025. Even the Department admits that a
telephone call was made to the petitioner on 17.09.2025, however, by then, the
last date for joining the post in question, as stipulated in the appointment letter
dated 10.09.2025, had already elapsed.
6. Learned State counsel, on instructions from Ms. Monika, Joint
Director Admn. Directorate of Elementary Education, Panchkula, submits that
in order to give quietus to the controversy, as some lapse has occurred on the
part of the Department in not dispatching the appointment letter to the
petitioner, the petitioner would be issued a fresh appointment letter within a
period of two weeks, granting him a further period of two weeks to join the
respective post.
7. In view of the stand taken by learned State counsel, the present
petition is disposed of with a direction to respondent No.2 to issue a fresh
appointment letter to the petitioner, in terms of the recommendation of the
Haryana Staff Selection Commission, Panchkula, conveyed vide memo dated
13.01.2025, against the post in question within a period of two weeks from the
date of receipt of certified copy of this order. The petitioner shall, thereafter, be
NEHA
2026.09.08 16:01
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Punjab and Haryana High Court,
Chandigarh

CWP-22792-2026 -5-
granted a further period of two weeks to join the post in question. The
petitioner shall be entitled to all consequential notional benefits, strictly in
accordance with his merit, from the date of joining of his counterparts.
However, he shall be paid salary only from the date of his actual joining.
(HARPREET SINGH BRAR)
JUDGE
07.09.2026
Neha
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
NEHA
2026.09.08 16:01
I attest to the accuracy and integrity of this
document
Punjab and Haryana High Court,
Chandigarh