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CWP-2562-2026 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

118

CWP-2562-2026 (O&M)

Date of decision: 30.01.2026

Vijay

....Petitioner

Versus

Haryana State Federation of Cooperative Sugar Mills Limited and

another

....Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. R.K. Malik, Sr. Advocate

with Mr. Samrat Malik, Advocate

for the petitioner.

Mr. Vikrant Pamboo, Addl. A.G., Haryana.

HARPREET SINGH BRAR J. (Oral)

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 order dated 25.03.2025 (Annexure P-6)

passed by respondent No.1 whereby the dearness allowance which the

petitioner was getting from the date of initial appointment has been

stopped. Further prayer has been made to quash the order dated

28.03.2025 (Annexure P-7) passed in compliance of the order dated

25.03.2025 whereby the dearness allowance has been stopped from

March, 2025 onwards. Further a writ of mandamus has been sought,

directing the respondents to grant the dearness allowance to the

petitioner from the date it was stopped and all arrears be released to him

with market rate of interest.

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2. Learned Senior counsel for the petitioner, inter alia,

contends that the petitioner was appointed as Deputy Chief Accounts

Officer on contractual basis vide appointment letter dated 10.09.2021

(Annexure P-2). The advertisement dated 20.11.2020 (Annexure P-1)

specifically mentions that pursuant to the appointment, the appointee

will be paid Dearness Allowance as per the Haryana Government rules.

Learned Senior counsel for the petitioner further submits that in

accordance with the said terms, the petitioner was granted Dearness

Allowance from the date of his joining vide order dated 16.05.2024

(Annexure P-5). He further contends that respondent No.1, without

assigning any valid reason, passed an order dated 25.03.2025 (Annexure

P-6) directing stoppage of Dearness Allowance, which was thereafter

implemented by respondent No.2 by stopping the payment of Dearness

Allowance with effect from March, 2025 onwards vide letter dated

28.03.2025 (Annexure P-7). He further submits that even the Managing

Director of the concerned Sugar Mill sought clarification from

respondent No.1 vide letter dated 26.03.2025 (Annexure P-8) and

thereafter sent a reminder dated 01.05.2025 (Annexure P-9), but no

response was received. Learned Senior counsel for the petitioner further

submits that the impugned stoppage of Dearness Allowance is in clear

violation of the terms of the advertisement itself, which promised

Dearness Allowance as per the Government Rules. Further, it is a settled

law that Dearness Allowance is a part of pay structure and even

contractual employees are entitled to the same. It is, thus, contended that

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CWP-2562-2026 3

withdrawal of a benefit already granted to the petitioner is arbitrary,

unreasonable and violative of the doctrine of legitimate expectation.

3. Learned Senior counsel for the petitioner has relied upon

the Division Bench judgment of this Court passed in LPA-1102-2024

titled as Sant Longowal Institute of Engineering and Technology,

Longowal vs Ranjit Singh, decided on 22.04.2025 with a bunch of

petitions, whereby it has been categorically held that the expression

"minimum of the pay" or "salary" necessarily and inherently includes

Dearness Allowance.

4. Having heard learned Senior counsel for the petitioner and

after perusing the record of the case with his able assistance, the present

petition is being decided in limine without issuing notice to the

respondents in order to save judicial time of the Court and also the

litigation costs of the respondents.

5. The primary issue for consideration before this Court is

whether the respondents are justified in withdrawing the Dearness

Allowance (DA) previously granted to the petitioner, a contractual

employee, despi