The Court directed the respondent authority to consider and decide the petitioner's legal notice regarding reinstatement and retiral benefits, following the setting aside of his criminal conviction, by passing a speaking and reasoned order in accordance with law.

NIDHI GUPTA J. (Oral)

Prayer in the present petition is for issuance of an appropriate writ, order or direction, particularly in the nature of Certiorari, for quashing the order dated 07.07.2008 (Annexure P-1) passed by respondent No.4, whereby the services of the petitioner were terminated solely on account of his conviction in a criminal case, which conviction has subsequently been set aside by this Hon’ble Court vide judgment dated 17.09.2025 (Annexure P-3) passed in Criminal Revision No.529 of 2010. It is submitted that the departmental appellate authority, while deciding Service Appeal No.9 of 2008 vide order dated 02.04.2009 (Annexure P-2), had specifically observed that the final decision in the criminal proceedings would be binding upon both the parties. Despite the conviction having subsequently been set aside and the acquittal of the petitioner having attained finality, the respondents have failed to give effect to the said judgment, thereby rendering the impugned termination order illegal, arbitrary and unsustainable in law; for issuance of an appropriate writ, order or direction, particularly in the nature of Mandamus, directing the respondents to reinstate the petitioner in service with continuity of service and, since the petitioner has already attained the age of superannuation, to treat him as having continued in service till the date of his superannuation and thereafter to grant and release all consequential service, retiral and pensionary benefits, including arrears of pay and allowances, annual increments, gratuity, leave encashment, pension, family pension and all other admissible benefits, along with applicable interest, in accordance with law, particularly in view of the legal notice dated 10.10.2025/12.02.2026 (Annexure P-4), which was also duly served by hand by the petitioner in the office of respondent No.3 on 18.02.2026, seeking the aforesaid reliefs, but the same has neither been duly considered nor acted upon by the respondents till date.

At the outset, learned counsel for the petitioner submits that the petitioner would be satisfied, at this stage, if a direction is issued to respondent No.3 to consider and decide the aforesaid Legal Notice dated 10.10.2025 (Annexure P-4), which is stated to be pending consideration.

Notice of motion.

Ms. Tanushree Gupta, Addl. A.G., Haryana accepts notice and has no objection in case the limited prayer made by learned counsel for the petitioner is accepted.

Without expressing any opinion on the merits of the claim raised by the petitioner, and in view of the limited relief sought, the present writ petition is disposed of with a direction to respondent No.3 to consider and decide the Legal Notice dated 10.10.2025 (Annexure P-4) by passing a speaking and reasoned order, in accordance with law, within a period of 06 months from the date of receipt of a certified copy of this order.

It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner to the claimed benefit, and the competent authority shall take an independent decision in accordance with the applicable rules and regulations.

Pending application(s), if any, shall also stand disposed of.