JUDGMENT :

HARPREET SINGH BRAR, J.

1. The present writ petition has been filed under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing the respondents to promote the petitioner to the post of Assistant Corporation Engineer (O&M) (Civil) being fully eligible as per the Punjab Municipal Corporation Services (Recruitment and conditions of service) (Amendment) Rules, 2020. It is further prayed that directions be issued to the respondents to convene the Departmental Promotion Committee meeting as a number of posts of Assistant Corporation Engineer (O&M) (Civil) are lying vacant.

2. Learned counsel for the petitioner inter alia contended that the petitioner was appointed as Tubewell Driver in the Punjab Water Supply and Sewerage Board in the year 1995. In the year 1996, the services of the petitioner were transferred to the Municipal Corporation, Amritsar. Subsequently, in the year 2011, the services of the petitioner were regularized w.e.f. 01.01.1996 and all past benefits i.e., difference of pay and annual increment were also granted in compliance with the order passed by this Court. Thereafter, the petitioner was promoted to the post of Junior Engineer (O&M) (Civil) vide order dated 03.01.2017 (Annexure P-1) on probation period of one year. Since the services of the petitioner were upto the mark and there was no complaint against him, his probation period was successfully completed and he was confirmed vide order dated 31.12.2018 (Annexure P-2) to the post of Junior Engineer (O&M) (Civil).

3. Learned counsel further contended that in the year 2020, the Government of Punjab, Department of Local Government issued the tentative seniority list of Junior Engineers (O&M) (Civil) (Annexure P-3), wherein the petitioner was placed at Sr. No.2. It was submitted that Sh. Nandan Bansal, who was placed at Sr. No.1, has already been promoted to the post of Assistant Corporation Engineer (O&M) (Civil) and, therefore, the petitioner is currently the senior-most Junior Engineer (O&M) (Civil).

4. It was argued that under the Punjab Municipal Corporation Services (Recruitment and conditions of service) (Amendment) Rules, 2020 (hereinafter referred to as the “2020 Amendment Rules”) (Annexure P-4), promotion to the post of Assistant Corporation Engineer has to be made from amongst “the members of the Punjab Service of Corporation Junior Engineers working as Junior Engineer operation and maintenance (Civil) who possess diploma in civil engineering and have an experience of working in this service for a minimum period of seven years”. It was submitted that the petitioner is fully eligible to be promoted as he has completed 07 years as Junior Engineer on 02.01.2024 and possesses a Diploma in Civil Engineering issued by the Punjab State Board of Technical Education and Industrial Training (Annexure P-5).

5. Furthermore, learned counsel placed reliance on the instructions dated 08.05.2017 (Annexure P-6) issued by the Government of Punjab, Department of Personnel, stating that the Departmental Promotion Committee (hereinafter referred to as “DPC”) has to be held every three months so that eligible employees get their promotions in time. The petitioner submitted a representation dated 12.03.2024 (Annexure P-7) to the respondents to consider his case for promotion. However, no reply to the said representation has ever been received. Moreover, it is argued that similarly situated employees i.e., Junior Engineers (Mechanical) (O&M) have already been promoted vide promotion order dated 13.03.2025 (Annexure P-8).

6. Learned counsel contended that the case of the petitioner was not considered in the DPC held on 28.01.2025 irrespective of the fact that a number of posts of Assistant Corporation Engineer (O&M) (Civil) are lying vacant. It has also been brought to the notice of this Court that the petitioner is on the verge of his superannuation and is going to retire on 31.03.2026. Furthermore, reliance was placed