123 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 05.02.2026 Har Lal ....Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Ravinder Malik, Senior Advocate with Mr. Garvit Mittal, Advocate, Mr. Ritender Rathee, Advocate, Mr. Rishab Arora, Advocate and Ms. Mamta Saini, Advocate for the petitioner.

Mr. Sukhdeep Parmar, Advocate and Mr. Prince Singh, Advocate for respondent No.2-HSVP.

HARPREET SINGH BRAR, J. (ORAL)

1. 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 order dated 22.12.2025 (Annexure P-15) passed by respondent No.2. Further, for issuance of a writ in the nature of mandamus directing the respondents to promote the petitioner to the post of Executive Engineer (Horticulture) w.e.f. 07.12.2015 and to pay the pay scale meat for the post of SDE (Horticulture) HUDA and Executive Engineer (Horticulture) to the petitioner along with all consequential benefits.

2. Learned senior counsel for the petitioner inter alia contends that the petitioner was appointed as Junior Engineer (Horticulture) on 10.06.1986 as discernible from Annexure P-1. He was given current duty charge as SDE (Horticulture) on 06.12.2007 vide Annexure P-2 and he joined on 07.12.2007 vide Annexure P-2A. Thereafter, the petitioner was promoted to SDE (Horticulture) on 29.05.2009 (Annexure P-3) and he passed a departmental exam in the year 2011 as discernible from Annexures P-4 & P-5. The petitioner was deputed as Executive Engineer on 19.12.2011 (Annexure P-6) and made representation for promotion on 04.05.2015 (Annexure P-9) through proper channel which remained unheeded. The case of the petitioner is squarely covered by the judgment rendered by the Coordinate Bench of this Court in CWP No.13513 of 2020 titled as ‘Naurty Ram Vs. State of Haryana and another’ decided on 29.11.2021 (Annexure P-10), which was upheld by the Division Bench of this Court in Intra Court Appeal bearing LPA No.897 of 2022 titled as ‘Chief Administrator, Haryana Shehri Vikas Pradhikaran (HSVP) Vs. Naurty Ram and another’ decided on 01.02.2024 (Annexure P-11) and Special Leave to Appeal (C) No.9638 of 2024 titled as ‘Chief Administrator Vs. Naurty Ram and another’ was also dismissed vide order dated 22.01.2025 (Annexure P-12). As such, the judgment rendered by the Coordinate Bench of this Court in Naurty Ram’s case (supra) has been upheld upto the level of the Hon’ble Supreme Court. The petitioner filed representation on 06.03.2025 (Annexure P-13) in light of the Hon’ble Supreme Court order, however, which remained unheeded. The petitioner approached this Court and this Court vide order dated 05.09.2025 (Annexure P-14) directed the respondent to consider and decide the representation of the petitioner by passing a speaking order.

In purported compliance, the claim of the petitioner was rejected on 22.12.2025 (Annexure P-15).

3. Learned counsel for respondent No.2-HSVP reiterates the stand taken by the respondent-Corporation in the speaking order.

4. Having heard learned counsel for the parties and after perusal of the record with their able assistance, it transpires that the issue involved in the present case regarding counting the experience holding current duty charge of a higher post for the purpose of promotion is no longer res integra. Further, the Division Bench of this Court in LPA No.897 of 2022 titled as ‘Chief Administrator, Haryana Shehri Vikas Pradhikaran (HSVP) Vs. Naurty Ram and another’ decided on 01.02.2024 (Annexure P-11), has made the following observations:-

“3. The issue raised in the writ petition was of counting the period of current duty charge of the post of Sub Divisional Engineer (Horticulture) as experience for promotion to the post of Executive Engineer. The learned Single Judge allowed the writ petition taking into consideration that the petitio