JUDGMENT :

HARPREET SINGH BRAR, J.

1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the impugned order dated 31.03.2025 (Annexure P-12) passed by respondent No.5 whereby the claim of the petitioner for enhancing subsistence allowance from 50% to 75% has been rejected in an illegal and arbitrary manner and in clear contravention of the provisions of Haryana Civil Services (General) Rules 2016 and for quashing the impugned suspension order dated 25.05.2022 (Annexure P-1) passed by respondent No.3 vide which the petitioner has been continuing under suspension for the last more than 3½ years in an illegal and arbitrary manner and in clear violation of the provisions of Haryana Civil Services (Punishment and Appeal) Rules 2016. Further a writ of mandamus has been sought, directing the respondents to reinstate the petitioner on the post of Commercial Assistant in the light of the judgment passed by the Hon'ble Apex Court in Prem Nath Bali vs. Registrar, High Court of Delhi and another Civil Appeal No.958 of 2010 which has been further followed by this Court in CWP-11580-2017 titled as Ashok Kumar vs Punjab State Civil Supplies Corporation Limited and another, decided on 25.09.2025 (Annexure P-18) and further to review/enhance the Subsistence Allowance of the petitioner to the extent of 75% of her salary, in view of the provisions of Rules 83 and 84 of the Haryana Civil Service (General) Rules 2016 and release the consequential benefits of the same to the petitioner along with interest @ 18% per annum w.e.f. 26.11.2022 till actual payment.

2. Learned Senior counsel for the petitioner, inter alia, contends that the petitioner, who joined the service as Lower Division Clerk (LDC) on 22.09.1998, was promoted to Upper Division Clerk (UDC) on 08.10.2002 and further to the post of Commercial Assistant on 19.09.2011. During the tenure of her service, she has been falsely implicated in FIR No. 178 dated 21.02.2022 registered under Sections 120-B, 409 and 420 IPC at Police Station Samalkha, District Panipat and was subsequently arrested on 12.05.2022, and thereafter, she was suspended on 25.05.2022 (Annexure P-1). Thereafter, a charge sheet was issued on 10.06.2022 (Annexure P-2), and Sh. R.P. Bhasin was appointed as the Enquiry Officer on 27.07.2022 (Annexure P-3). Subsequently, the petitioner filed CWP-28827-2022, in which initially the interim order was passed staying the departmental proceedings on 14.12.2022 (Annexure P-5), however, the said petition was dismissed on 15.09.2023 (Annexure P-6). The petitioner approached this Court again by filing a petition i.e. CWP-18789-2024, challenging the appointment of Enquiry Officer, whereby an interim stay was granted on 06.08.2024 (Annexure P-8), but the said writ petition was later on dismissed as infructuous on 02.09.2025 after the respondents withdrew the appointment of Sh. R.P. Bhasin (Enquiry Officer) (Annexure P-8A). In the meantime, the petitioner sought enhancement of subsistence allowance by filing a representation dated 28.02.2023 (Annexure P-9) followed by a legal notice dated 10.07.2024 (Annexure P-10), which remained unheeded. Thereafter, an interim direction was issued by this Court in CWP-1016-2025, titled as Pooja Gera vs State of Haryana and others, decided on 16.01.2025 (Annexure P-11) to the respondents to consider the claim of the petitioner. In purported compliance, the claim of the petitioner was rejected vide impugned order dated 31.03.2025 (Annexure P-12). Learned Senior counsel for the petitioner further submits that despite completing more than 3½ years under suspension without any valid extension or justification, in contravention of the Haryana Civil Services (General) Rules, 2016, the petitioner’s service and entitlement remain adversely affected and she has repeatedly sought reinstatement, by filing representation dated 19.06.2025 (Annexure P-14).

3. Learned Sen