Promotion opportunities are essential for organizational progress and must be provided to prevent employee stagnation; denial based on cadre status is not justifiable.

JUDGMENT :

HARPREET SINGH BRAR, J.

CM-13767-2025

This is an application under Section 151 C.P.C moved by the applicants-petitioners for placing on record the replication on behalf of the petitioners to the written statement of respondent Nos. 3 to 7.

For the reasons mentioned in the application, the same is allowed, as prayed for, subject to all just exceptions. Replication on behalf of the petitioners to the written statement of respondent Nos. 3 to 7 is taken on record. Registry is directed to do the needful.

Main case

1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to consider the petitioners for promotion to the post of Accounts Clerks/Assistants as per Rule 8 of the Punjab Public Works Department (Public Health Circle) State Services Class III Rules, 1983, with effect from 2009, grant notional promotion and consequential benefits from 2009 and to prepare a combined seniority list of Clerks, Senior Clerks, Ledger Keepers, and Meter Clerks.

2. Learned counsel for the petitioners inter alia contends that the petitioners, appointed as Ledger Keepers in the Punjab Urban and Development Authority (PUDA) since 1995 and regularized in 2001, are governed by the Punjab Public Works Department (Public Health Circle) State Services Class III Rules, 1983. Rule 8 (c)(i) of the said Rules provides for promotion to the post of Accounts Clerks/Assistants from among Clerks, Senior Clerks, Ledger Keepers, and Meter Clerks. It is submitted that despite possessing the requisite qualifications and experience, the petitioners have been arbitrarily denied promotion since 2009, while their juniors in the clerical cadre have been promoted. It is further contended that the duties and responsibilities of Ledger Keepers are similar to those of Clerks, as confirmed by official communications (Annexures P-6 to P-8). The petitioners also rely on the decision of this Court in CWP No. 13934 of 2014, wherein similarly placed Ledger Keepers in the Department of Water Supply and Sanitation were granted notional promotion and a combined seniority list was directed to be prepared.

3. Per contra, learned counsel for respondent Nos. 3 to 7 submits that the petitioners are governed by the Punjab Urban Planning and Development Authority (Employees Service) Regulations, 1999, and not by the 1983 Rules. It is contended that the post of Ledger Keeper is a “diminishing cadre” with no provision for promotion under the PUDA Regulations. It is further submitted that the petitioners cannot claim parity with employees of the Department of Water Supply and Sanitation, as they are governed by a separate set of rules. The respondents also assert that separate seniority lists for Clerks and Ledger Keepers are justified as they belong to different cadres.

4. I have heard learned counsel for the parties and perused the record with their able assistance.

5. It transpires that the petitioners were regularized as Ledger Keepers under the Punjab Public Works Department (Public Health Circle) State Services Class III Rules, 1983, as reflected in the regularization order (Annexure P-1) in 2001 and completed 8 years of service in 2009, following which they have been serving in the same position till now.

6. This Court is of the opinion that the opportunity of promotion or advancement is an essential feature for the progress of any organisation and acts as an incentive for personnel development of the employee. The Hon’ble Supreme Court, in a catena of judgments, has consistently held that opportunities for promotion enhance efficiency in public service, whereas stagnation diminishes efficiency and