Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Kulwant Singh – Appellant
Versus
State of Punjab – Respondent
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
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
Promotion cannot be denied from eligibility and vacancy date merely due to departmental delay in convening DPC for clarifications; review DPC under service handbook Clause 16.29 grants notional benef....
Promotion rules proviso deems seniors eligible with minimum three years regular service, placed above junior eligible via combined ad hoc and regular service, barring department from delaying DPC unt....
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
Failure to pass mandatory departmental examination renders employee ineligible for gazetted promotion despite seniority, adhoc service, or pre-retirement DPC; no right to regular/notional promotion o....
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
