IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

207 CM 19357-19359-CWP-2023 in/ and CWP-23765-2022 (O&M)

Date of Decision :23.01.2026 Paramjeet Singh and others ...Petitioners Versus State of Haryan and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present: Mr. Himalaya Makkad, Advocate for the applicant- petitioners.

Mr. Sandeep Chhabra, Addl. A.G. Haryana.

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Harsimran Singh Sethi, J. (Oral)

CM-19357-CWP-2023

1. Present application has been filed for condonation of delay of 243 days in filing the application seeking restoration of the main writ petition, which was dismissed for non-prosecution vide order dated

13.02.2023 passed by the Coordinate Bench of this Court.

2. Keeping in view the averments made in the application, which are duly supported by an affidavit, the application is allowed. Delay of 243 in filing the application seeking restoration of the main writ petition is condoned.

CM-19359-CWP-2023

3. Present application has been filed for recalling the order dated 13.02.2023 passed by the Coordinate Bench of this Court by which, the main writ petition was dismissed for non-prosecution.

4. Keeping in view the averments made in the application, which are duly supported by an affidavit, application is allowed. Order dated 13.02.2023 passed by the Coordinate Bench of this Court is recalled and the main writ petition is ordered to be restored to its original number and status and is taken up for hearing today itself.

CWP-23765-2022

5. In the present petition, the challenge is to the notification dated 05.09.2019 (Annexure P/6) issued by the Government of Haryana, whereby cash award scheme for grant of cash awards to eligible sports person was amended and the same amendment was made applicable retrospectively w,e,f. 01.04.2017.

6. Learned counsel for the petitioners submits that the petitioners had participated in 18^th Senior Para National Athletics Championship-2018 and had won medals in different class and sports events, for which, they were entitled for the cash award keeping in view the policy dated 12.01.2015 (Annexure P/1) which was applicable up to 05.09.2019 but, by applying the impugned policy dated 05.09.2019 (Annexure P/6) with retrospective effect from 01.04.2017, the claim of the petitioners has been rejected by the respondents, only on the ground that as per the policy dated 05.09.2019 the cash award can only be given qua the sports events which are part of the Olympic, Paralympics, Asian Games, Para Asian Games, Your Olympics, Common Wealth Games, Youth Asian Games and World cup/Championship (held once in 4 years cycle).

7. Learned counsel appearing for the petitioners argues that once a right had already been accrued and crystallized so as to get the cash award as per policy 12.01.2015 (Annexure P/1), which was operational on the date medals were won, which policy did not restrict the cash award only qua the sports events which are part of the Olympic Games, Asian Games or the Common Wealth Games, as enumerated in the policy dated 05.09.2019 (Annexure P-6) and that too with retrospective effect at a later stage so as to take away their right which was accrued to them vide policy dated 12.01.2015 as the participation in the tournament qua which the cash prize is sought was held prior to 05.09.2019 though, after 01.04.2017, therefore, denying the said claim at a later stage by retrospectively applying policy dated 05.09.2019 (Annexure P/6) is illegal and unlawful.

8. Learned State counsel submits that policy dated 12.01.2015 (Annexure P/1) on the basis of which benefit of cash award is being sought, had already been amended on 07.09.2018 under which amendment there was incorporation of the condition that cash award will only be granted to those sports person who had participated in the sports events which are included in Olympic, Paralympics, Asian Games, Para Asian Games, Your Olympics, Common Wealth Games, Youth Asian Games and World cup/Championship hence,