Coming down heavily on Haryana for “recalcitrant and casual attitude”, the Punjab and Haryana High Court has directed that one-third salary of Additional Chief Secretary-cum-Principal Secretary, Higher Education Department, and Director-General of Higher Education, will remain attached. Justice Harpreet Singh Brar also directed the issuance of notice asking them to show cause why proceedings under the Contempt of Courts Act should not be initiated against them for “wilful non-compliance” of an order passed in case of an Assistant Professor.
At the onset, Justice Brar noted that a Coordinate Bench on May 7 recorded the petitioner’s contention that he secured appointment as an Assistant Professor (Commerce) only after his earlier writ petition challenging denial of appointment despite his eligibility was allowed by the High Court on July 2, 2019. The appointment letter dated November 14, 2023, was then issued.
The petitioner further relied upon a statement made by the department before the Contempt Court on May 21, 2025, assuring that he would be extended the benefit of notional appointment in accordance with his merit position from the date his juniors were appointed.
Despite the statement, the benefit was not extended to him vide impugned order dated July 30, 2025, on the ground that he was last in the merit list of selected candidates. Taking up the matter, the Bench on May 7 observed it could not be disputed that his entitlement to notional benefits from the date other selected candidates were appointed could not be denied, even if the petitioner was the last selected candidate in the order of merit.
As the matter came up for resumed hearing, Justice Brar referred to the earlier developments before asserting it appeared the state counsel—on instructions—made the statement before the Contempt Court on May 21 last year to the effect that the benefit of notional appointment in terms of the petitioner’s merit from the date of appointment of his juniors, would be given within two weeks. “Accordingly, on the basis of the statement made by the state counsel, the contempt petition was disposed of vide order dated May 21, 2025”, the Bench observed.
“However, despite the explicit undertaking given before the Contempt Court, the benefit of notional appointment has still not been granted to the petitioner. This court is constrained to observe that owing to the recalcitrant and casual attitude of the respondents, the petitioner has been unnecessarily compelled to approach this court for the third time,” Justice Brar observed.
The Bench added the respondents surprisingly neither challenged the order passed by the Contempt Court, nor took meaningful steps toward its compliance. “It appears that the respondents have no regard for the Rule of Law or the majesty of justice, and their conduct presents a classic instance of administrative apathy. In such circumstances, this is a fit case where exemplary costs ought to be imposed upon the respondents to curb such unwarranted and protracted litigation,” Justice Brar observed.
Before parting with the order, the Bench asserted “one-third of the salary of Additional Chief Secretary cum Principal Secretary, Higher Education Department, Haryana, as well as of Director-General of Higher Education, Haryana, shall remain attached in terms of the order dated May 21, 2025, passed by the Contempt Court.”
The matter has been listed for further hearing on August 12.