Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Punjab and Haryana High Court: In a writ petition filed under Article 226 of the Constitution seeking issuance of directions to the respondents to promote the petitioner to the post of Assistant Corporation Engineer (O&M) (Civil) as he was fully eligible as per the Punjab Municipal Corporation Services (Recruitment and Conditions of Service) (Amendment) Rules, 2020 (Amendment Rules), a Single Judge Bench of Harpreet Singh Brar, J., held that right to be considered for promotion is a fundamental right under Articles 14 and 16(1) of the Constitution.
Accordingly, the Court allowed the petition and directed the respondents to hold Departmental Promotion Committees (DPCs) meetings every three months during every calendar year so that employees could get promotions against vacant posts in time.
Background
In the present case, in 1995, the petitioner was appointed as Tubewell Driver in the Punjab Water Supply and Sewerage Board. Then, in 1996, his services were transferred to the Municipal Corporation, Amritsar, and subsequently in 2011, his services were regularised, effectively from 1 January 1996, and all past benefits were also granted.
Thereafter, the petitioner was promoted to the post of Junior Engineer (O&M) (Civil) on probation period of one year. There was no complaint against him and his probation period was successfully completed, then he was confirmed to the post of Junior Engineer (O&M) (Civil).
In 2020, the Government of Punjab, Department of Local Government issued the tentative seniority list of Junior Engineers (O&M) (Civil) wherein the petitioner was placed at serial number 2, and it was alleged that since the person on serial number 1 was already promoted to the post of Assistant Corporation Engineer (O&M) (Civil), the petitioner became the senior-most Junior Engineer (O&M) (Civil) in line.
Analysis and Decision
The Court held that the petitioner squarely fell within the ambit of the Amendment Rules as the requirement of educational qualifications was not applicable on him as he was already working as Junior Engineer (O&M) (Civil) before the Amendment Rules came into force. Thus, he was fully eligible for promotion.
The Court further stated that the respondent misinterpreted the Amendment Rules and was wrong in stating that the petitioner was not eligible. The Court emphasised that it is settled law that the DPCs must be held regularly and timely to ensure promotions and career progression of eligible employees and to avoid stagnation and the employees cannot be made to suffer for the fault of the employer in holding DPCs in a delayed manner.
The Court held that the DPCs must be held regularly to ensure career progression and avoid stagnation, and right to be considered for promotion is a fundamental right under Articles 14 and 16(1) of the Constitution. The Court stated that delay in convening the DPC not only causes financial loss to the officers concerned on account of delayed promotion to the next higher grade, but also adversely impacts their future career progression, as it correspondingly postpones their eligibility for further advancement.
Thus, the Court mandated the respondents to hold DPCs every three months during every calendar year so that employees can get promotions against vacant posts in time and accordingly, allowed the petition at hand. Further, the Court directed the respondents to grant the petitioner notional promotion to the post of Assistant Corporation Engineer (O&M) (Civil), along with all consequential benefits, with effect from the date he completed seven years of service as a Junior Engineer (O&M) (Civil).
[Kulwant Singh v. State of Punjab, CWP No. 5302 of 2026, decided on 27-3-2026]
Advocates who appeared in this case:
For the Petitioner: Abhishek Singla, Advocate
For the Respondent: Vikas Arora, DAG, Punjab and Sanju Wadhwa, Advocate
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