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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Rahul Poonia – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. This common order shall dispose of aforesaid two petitions since similar facts and law are involved in the same. For the sake of brevity, the facts are being taken from the lead case being CWP-9138-2023.
2. 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 certiorari for quashing the impugned orders dated 08.03.2018, 27.05.2019, 27.06.2019, 09.08.2019, 17.06.2020, 25.05.2022 and 05.07.2022 (Annexures P-3 to P-9) whereby deemed dates of promotion have been granted to the private respondents as Municipal Engineers and Executive Engineers; and for quashing the impugned tentative seniority lists of Executive Engineers dated 22.04.2021 (Annexure P-10) and 12.11.2021 (Annexure P-11) and the impugned order dated 15.03.2023 (Annexure P-14) whereby the representation submitted by the petitioner has been rejected.
3. Learned counsel for the petitioner inter alia contends that the petitioner was directly recruited on the post of Municipal Engineer vide order dated 20.09.2012 and promoted to the post of Executive Engineer on 08.03.2019. He refers to the Haryana Municipal S
Promotion under public service must be timely and based on established qualifications without arbitrary delay; retrospective promotions are justified under prescribed eligibility criteria.
Promotion for eligible employees based on qualifications must be timely and fair, not delayed arbitrarily, upholding the principles of legitimate expectation and constitutional rights.
The court affirmed that recruitment quotas fixed by law cannot be altered by executive powers, ensuring adherence to established legal principles.
Quota-rota ratio in special rules for direct recruits and transferees must be applied vacancy-wise, not cadre-wise; excess transferee appointments against direct quota illegal and confer no seniority....
Promotions on seniority-cum-merit basis require using final seniority list of feeder cadre from immediately preceding year; initial joining date irrelevant; non-speaking orders invalid; settled lists....
Rule 22(3) of the Assam Engineering (Public Works Department) Service Rules, 1978 prioritizes promotees over direct recruits for seniority based on vacancy year, complying with Articles 14 and 16 of ....
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