IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 02.09.2025 Pronounced on: 09.09.2025 1. CWP-8363-2024 (O&M)

Sat Paul and others ....Petitioners Versus State of Haryana and others ....Respondents

2. CWP-16347-2023 (O&M)

Arun Singh and others ....Petitioners Versus State of Haryana and others ....Respondents

3. CWP-27694-2023 (O&M)

Rakesh Kumar and others ....Petitioners Versus State of Haryana and others ....Respondents

4. CWP-27853-2023 (O&M)

Bharat Singh and others ....Petitioners Versus State of Haryana and others ....Respondents

5. CWP-28200-2023 (O&M)

Daljit Singh and another ....Petitioners Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Karan Nehra, Advocate, Mr. Reshabh Bajaj, Advocate and Mr. Harvinder Thakur, Advocate for the petitioners (in CWP-16347-2023, CWP-27694-2023 & CWP-8363-2024).

Mr. Manish Kumar Singla, Advocate and Ms. Bhoomika, Advocate for the petitioners (in CWP-27853-2023).

Ms. Radha Singh, Advocate, Mr. Shamsher Singh, Advocate and Ms. Meena Singh, Advocate for the petitioners (in CWP-28200-2023).

Mr. Baldev Raj Mahajan, Senior Advocate with Ms. Nikita Goel, Advocate for the respondent-Nigam (in CWP-28200-2023).

Mr. Baldev Raj Mahajan, Senior Advocate with Mrs.Rajni Gupta, Advocate for respondents No.2 to 4 (in CWP-8363-2024).

Mr. Dharam Pal Saini Advocate for the private respondents (in CWP-8363-2024).

Mr. Baldev Raj Mahajan, Senior Advocate with Mr. Jagbir Malik, Advocate and Ms. Nikita Goel, Advocate for respondents No.2 to 4 & 7 (CWP-16347-2023), for respondents No.2 to 4 (in CWP-27694-2023) and for respondents No.2 to 4 & 7 to 10 (in CWP-27853-2023).

Mr. Nitin Kaushal, Advocate and Mr. Sahil, Advocate for the respondent (AICTE).

Mr. Sunil K. Nehra, Advocate, Mr. Rahil Mahajan, Advocate and Mr.Anuj Chaudhary, Advocate for respondents No.7 to 9, 12 & 13, 17 to 20, 22 to 34 and 36 to 39 (in CWP-8363-2024).

Mr. Inderpal Singh, Advocate for Mr.NitinKaushal, Advocate for respondent No.5.

Mr. Mazlish Khan, Advocate for respondent No.15 (in CWP-8363-2024).

HARPREET SINGH BRAR, J.

1. This common order shall dispose of all the aforementioned civil writ petitions as they arise from a similar factual matrix. However, for the sake of brevity, the facts are taken from CWP-8363-2024.

2. The present civil writ petition(s) has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing office order No.66/EOM/G-129 dated 23.02.2024 (Annexure P-35) and office order No.67/EOM/G-129 dated 23.02.2024 (Annexure P-36), wherein, the private respondents have been promoted de hors the applicable Service Rules, in view of instructions dated 29.12.2004 (Annexure P-1),upon misinterpretation of the judgment passed by the Hon’ble Supreme Court of India in Institution of Mechanical Engineers (India) Through Its Chairman v. State of Punjab,2019 SCC Online SC 1023 (hereinafter ‘IME case’) and judgment dated 29.08.2023 passed by this Court in CWP No.12344 of 2022 titled as Bharat Singh Vs. State of Haryana FACTUAL BACKGROUND

3. Briefly, the facts are that a promotion avenue was carved out for the employees of the respondent-Haryana Power Generation Corporation by office order dated 29.12.2004 (Annexure P-1) which reads as follows:

“In exercise of Powers conferred under clause (c) of Section 79 of the Electricity (Supply) Act, 1948, read with Haryana Electricity Reforms act, 1997, and all other enabling powers in the this behalf, Haryana Power Generation Corporation Limited is pleased to amend Sr. No. A-6 & B- 7 of the Recruitment and Promotion Policy of Thermal Staff notified vide office order No. 2845/Cadre dated 27.05.85 and modified vide office order no. 2878/Cadre dated 7.8.85 and further notified vide notification No. 9/Reg-129/L-I/A dated 3.2.99.

(A) Operation Staff

6. Operator Grade-1 xxx xxx xxx b) 15% posts shall be filled up by promotion on seniority cum merit basis from amongst feeder cadres namely