IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 24.07.2025.

Date of pronouncement: 25.08.2025 1. CWP No. 6374 of 2000 (O&M)

Anil Kumar Gupta …. Petitioner versus The State of Haryana and others …. Respondents

2. CWP No. 14371 of 2020 (O&M)

Pardeep Kumar Jain …. Petitioner versus The State of Haryana and others .… Respondents CORAM: HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Sanjiv Gupta, Advocate, for the petitioners.

Mr. Bhupender Singh, Additional Advocate General, Haryana, for the respondent-State.

*****

ASHWANI KUMAR MISHRA, J.

These two writ petitions have been filed primarily assailing Rules 9 and 12 of the Punjab Service of Engineers Class-II, Public Works Department (Public Health) Rules, 1966 (for short “the 1996 Rules”) as ultra vires to the Constitution of India, insofar as they do not provide for promotion from the post of Junior Engineer (Civil) to the post of Sub- Divisional Engineer (Civil) upon acquiring the qualification of AMIE, as provided in Rule 7(3)(ii) of the Rules of 1966, from the date of acquiring the requisite qualification/eligibility. In addition, thereto, an order passed on

18.06.2020 rejecting the claim of petitioner – Pardeep Kumar Jain is assailed in CWP No. 14371 of 2020. The petitioners have also prayed for a direction to consider them for promotion to the post of Sub-Divisional Engineer (Civil) from the date of attaining eligibility i.e. requisite qualification of AMIE. Petitioner- Anil Kumar Gupta has also prayed that he be held senior to respondent nos. 4 to 23 in CWP No. 6374 of 2000. Both the writ petitions were clubbed together and are being disposed of by this common judgment after hearing learned counsel for the parties.

2. Petitioner Anil Kumar Gupta was appointed as a Junior Engineer (Civil) on ad hoc basis in the Public Works Department (hereinafter to be referred as ‘PWD’), Public Health Division, Haryana, on 09.11.1982. His services came to be regularized with effect from 01.11.1986 pursuant to a government notification issued on 26.08.1987. He acquired qualification of AMIE in the year 1987. Inter se seniority under the policy notified on 26.08.1997 was to be determined on the basis of original date of joining on ad hoc basis. Petitioner’s seniority was also fixed accordingly. Claim of those against whom disciplinary proceedings were pending were, however, overlooked.

3. Service conditions of junior engineers in the Public Health Branch is governed by the Public Health Branch, Junior Engineer Service Rules, 1966, however, for promotion to the post of SDE (Civil), the provisions of Punjab Service of Engineers Class-II, Rules 1966 are applicable.

4. In order to consider petitioners’ claim in the writ petitions, it would be appropriate to refer to certain provisions of the 1996 Rules, which are as under:-

“6. Recruitment to the service for Cadre and ex-cadre post shall be made-

(a) 57% by direct recruitment (b) 43% by promotion from the following categories (i) From the members of the Haryana PWD Public Health, Junior Engineer (Engineering) service – 25%

(ii) From Draftsmen members of the Draftsmen and Tracers Service - 6%

(iii) From members of the Draftsmen and Tracers Service possessing qualifications prescribed in appendix ‘B’ -12%

xx xx xx (Vide amendment dated 29.03.2004, the said percentage from source (ii), (iii) & (iv) has been changed to 30%, 6% and 14% respectively)

7. Qualifications:- no person shall be appointed to the services, unless he:

(3) in case of appointment by promotion from source 4 under case 6(1)-

(i) is a member of the Punjab PWD (Public Health) Sectional Officers (Engineering) Service of a Draftsmen members of the Public Health Branch, Draftsmen in Tracers Service;

(ii) possesses any of the qualification included in Appendix ‘B’ and has put in five years service in case he possesses A.M.I.E qualifications and two years service in case he is a degree holder;

xx xx xx

9. Appointment by promotion- (1) Appointment by