IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 06.08.2025 Pronounced on: 22.08.2025 Rajesh Sharma ... Petitioner Vs.

State of Punjab and another ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Neha Jain, Advocate for the Petitioner.

Mr. Siddharth Sandhu, AAG, Haryana.

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HARPREET SINGH BRAR, J. (ORAL)

1. 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 seeking quashing of the order dated 07.07.2025 (Annexure P-24), whereby claim of the petitioner for grant of higher pay grade and promotion next to the post of Programmer-cum-System Manager stands rejected and further for issuance of writ in the nature of mandamus directing the respondents to create a promotional avenue for the petitioner since he has been stagnant on the post of Programmer-cum-System Manager.

CONTENTIONS

2. Learned counsel for the petitioner, inter alia, contends that initially, the petitioner was appointed by respondent No.2-Corporation on the post of Programmer-cum-System Manager on contract basis on 05.01.2006 and vide Resolution No.392 dated 02.12.2011 (Annexure P-3), his services were regularized and the State Government approved the same vide letter dated 24.12.2011 (Annexure P-4). Thereafter, the petitioner was issued a Letter of Appointment on 24.12.2011 (Annexure P-5) and he submitted his joining report on the same day. Further, vide notification dated 03.07.2014 (Annexure P-6), Local Government Department, Punjab under Section 71(1) of Punjab Municipal Corporation Act, 1976 (for short ‘MC Act’) constituted the post of Programmer-cum-System Manager, however, no recruitment rules for the said post were framed. Thereafter, Department of Governance Reforms, Punjab issued notification dated 30.11.2015 (Annexure P-7), framing Punjab Governance Reforms (Group A) Technical Service Rules, 2015 (for short ‘Rules of 2015’) for the various posts under proviso to Article 309 of the Constitution of India and recruitment rules for the posts of Senior System Manager, System Manager and Assistant Manager were also framed. The System Manager was placed in the pay grade of Rs.6600/- with pay scale of Rs.15600-39100/- and Assistant Manager was placed in pay grade of Rs.5000/- with pay scale of Rs.10300-34800/-. As such, post of the petitioner i.e. Programmer-cum-System Manager is equivalent to Assistant Manager and he is eligible for promotion to System Manager, therefore, respondent No.2- Corporation, vide letter dated 11.02.2020 (Annexure P-8), sent his case for promotion to the Government.

3. Thereafter, respondent No.2-Corporation passed a Resolution No.93 on 28.10.2021 (Annexure P-9), recommending case of the petitioner for promotion to the post of System Manager and the same was sent to respondent No.1 for approval in view of the relevant provisions contained in Rules of 2015. Finding the work and conduct of the petitioner satisfactory and useful to respondent No.2-Corporation, Mayor, Municipal Corporation, Jalandhar, vide his DO letter dated 21.12.2021 (Annexure P-10), also requested the Government to promote him to the post of System Manager in the pay scale of Rs.15600-39100 with Grade Pay of Rs.6600/-. However, without examining all aspects of the case, vide order dated 06.05.2022 (Annexure P-11), implementation of Resolution (Annexure P-9) was stayed by the Government. Thereafter, the petitioner submitted a representation dated 10.06.2022 (Annexure P-12) praying to grant the pay scale of Rs.15600-39100 with Grade Pay of Rs.6600/- at least from the date of passing of resolution (Annexure P-9), which was rejected by the Government vide order dated 03.08.2022 (Annexure P-13) in an arbitrary manner. Moreover, the persons junior to the petitioner, who were appointed on the post of Junior Engineer in the year 2011, have been promoted to the posts of Assistant Corporation Engineer and even Corporation Engineer.

4. Further, the