Promotion eligibility must align with established seniority rules; arbitrary criteria violate judicial mandates requiring reasoned decisions in service matters.

JUDGMENT:-

(PER ADVAIT M. SETHNA, J.)

Prologue :-

1. This is a Petition filed under Article 226 of the Constitution of India seeking for the following substantive reliefs:-

“[A] That this Hon’ble Court be pleased to issue writ mandamus or writ in the nature of mandamus or any other writ or direction thereby be pleased to quash and set aside the Impugned Order passed by the Respondent no. 2, Departmental Promotion Committee (DPC) of the Respondent - Corporation for the post of Superintending Engineer dated 11.12.2025 (EXHIBIT- O) and be pleased to direct not to make any promotion on the post of Superintending Engineer.

[B] That this Hon'ble Court be pleased to issue writ mandamus or writ in the nature of mandamus or any other writ or direction thereby be pleased to quash and set aside the entire the promotion process conducted by the Respondent no. 1 and 2 for the post of the Superintending Engineer of the Respondent - Corporation and all the decisions taken by the Respondent Corporation in the promotion process conducted by the Respondent no. 1 and 2 for the post of the Superintending Engineer.

[C] That this Hon’ble Court be pleased to issue a writ mandamus or writ in the nature of mandamus or any other appropriate writ direction and order direct the Respondents to call for the confidential report of the Petitioner herein and to consider the case of the Petitioner for promotion to the post of Superintending Engineer of the Pune Municipal Corporation and not to exclude the case of the Petitioner from being considered for the promotion to the post of Superintending Engineer for the current year 2025-2026.

[D] That this Hon'ble Court be pleased to issue a writ mandamus or writ in the nature of mandamus or any other appropriate writ direction and order thereby declared that the alleged selection list of Executive Engineers of the Respondent Corporation is non est and illegal and thereby quashing and setting aside the alleged unpublished probable selection list and the General Body Resolution No.206 dated 19.09.2025 passed thereby the alleged selection list was prepared by the Respondent No.1 for promotion to the post of Superintending Engineer (EXHIBIT- S).”

2. Rule. With the consent of parties the Rule is made returnable forthwith.

3. This is another contest in service jurisprudence where we are called upon to adjudicate the validity and legality of the promotion process, culminating in issuance of a final seniority list. The Respondent Nos.1 and 2 have sought to refrain from giving effect to the same, on account of compelling reasons/circumstances. The proceedings revolve around promotions of the Petitioners who are working with the Pune Municipal Corporation i.e. Respondent No.1 to the post of Superintending Engineer (Civil).

4. The Petitioners are primarily aggrieved by the order dated 11 December 2025, passed by Respondent No.2 i.e. Departmental Promotion Committee, Pune Municipal Corporation (“Impugned Order” for short). Consequently, the Petitioners have been denied promotion to the post of Superintending Engineer (Civil). The fulcrum of the Petitioners’ contention is that the Impugned Order is cryptic, non-reasoned, non-speaking, inasmuch as it is contrary to the specific mandate and directions issued by a coordinate Bench of this Court vide an order dated 11 November 2025, in Writ Petition No.12046 of 2025 filed by Petitioner No.4 herein and another.

5. The Petitioners are seeking implementation of the final seniority list dated 11 September 2024 which entitles them to such promotion. On the other hand, the Respondents’ case in a nutshell is that there is a mistake/error which has crept in the publication of the final seniority list dated 11 September 2024. This is inasmuch as the promotions of the Petitioners to the post of Superintending Engineer (Civil) ought to be considered in accordance with their seniority as on 25 May 2004, as decided by the DPC in the proceedings held on 2 September 2025. Accordingly, the date of initial en