IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
NAMIT KUMAR, J.
Babita - Petitioner
Versus
State of Punjab and another - Respondent
CWP-3470-2026
Decided On : 06-02-2026
JUDGMENT :
NAMIT KUMAR, J.
1. The petitioner has filed the instant petition under Articles 226/227 of the Constitution of India, seeking issuance of a writ of certiorari for quashing the order dated 23.12.2025 (Annexure P-9) passed by respondent No.1, whereby the claim of the petitioner for grant of promotion to the post of Superintendent Grade-1 w.e.f. 30.11.2020 has been rejected. Further, seeking issuance of a writ of mandamus, directing the respondents to promote the petitioner to the abovesaid post w.e.f. 30.11.2020, i.e. the date on which the said post became vacant, along with all consequential benefits. Further, seeking issuance of directions to the respondents to take action against the erring officials for supplying wrong information regarding registration of FIR against the petitioner, in view of the letter dated 21.03.2025 issued by the Government of Punjab, Department of Vigilance and to pay a sum of Rs.5,00,000/- to the petitioner as compensation for the mental agony, harassment and financial loss suffered by her at the hands of the respondents.
2. Brief facts of the case, as have been pleaded in the petition, are that the petitioner was appointed as Instructor at Training Centre Mohali in Social Security for Women and Child Development Department, Punjab in the year 1996. In the year 2000, the cadre of the petitioner was changed and she was posted as Statistical Assistant in the CDPO Office at Bhunarherhi, Patiala. Further, in the year 2001, she was posted as Statistical Assistant in the office of Director, Social Security for Women and Child Development Department, Punjab, Chandigarh. After sometime, the cadre of the petitioner was again changed from Statistical Assistant to that of Senior Assistant and she was posted in the office of Director, Social Security for Women and Child Development Department, Punjab, Chandigarh. Further, on 06.10.2016, the petitioner was promoted to the post of Superintendent Grade-II and was transferred to District Programme Office, Mohali. Thereafter, in the year 2017, vigilance inquiry was marked for the officials of the Technical Education Department. Although, the petitioner had got no role in the said vigilance inquiry, however, her name figures in the said vigilance inquiry which is still pending and till date no action has been recommended against any of the officials including the petitioner. It has further been pleaded that Ms. Narinder Kaur and Mr. Sukhwinder Singh, Superintendents Grade-I retired on 30.11.2020 and 31.12.2020, respectively and after their retirements, two posts of Superintendent Grade-I had become available for the promotion of the petitioner to the said post, but due to the wrong information supplied to the respondents regarding registration of FIR against the petitioner, she was not promoted. Thereafter, vide order dated 28.11.2024 (Annexure P-1), the juniors of the petitioner were ordered to be promoted to the post of Superintendent Grade-I, whereas the name of the petitioner was kept pending in the sealed cover due to pendency of FIR No.22 dated 21.12.2017 against her. Aggrieved against the said order, the petitioner served a legal notice dated 02.12.2024 upon the respondents. When no action was taken by the respondents on the said legal notice, the petitioner approached this Court by filing CWP-34187-2024 (Babita Vs. State of Punjab and another) seeking promotion to the post of Superintendent Grade-I. The said petition was disposed of by a Coordinate Bench of this Court, vide order dated 18.12.2024 (Annexure P-2), with a direction to the respondents that in case, there is no FIR registered against the petitioner then the respondents should re-consider their stand qua the claim of promotion by the petitioner and a fresh appropriate order be passed qua the said claim, within a period of further six weeks. Even after passing of the said order by this Court, the claim of the petitioner was not considered by the respondents and the petitioner again approached
Claims for promotion must be made within a reasonable time; mere vacancy does not confer a right to retrospective promotion.
The main legal point established in the judgment is that promotion decisions should be based on merit with due regard to seniority, as per the Orissa High Court (Conditions of Service of Staff) Rules....
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