IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 09.10.2025 Poonam Jakhar and others .... Petitioners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. S.P. Laler, Advocate, for the petitioners. Ms. Tanushree Gupta, Senior Deputy Advocate General, Haryana.

TRIBHUVAN DAHIYA, J. (ORAL)

The petition has been filed inter alia seeking a writ of certiorari quashing the promotion order dated 26.08.2025, Annexure P-7, whereby the petitioners’ juniors have been promoted as Principal/Deputy Director in Group A (College Cadre). Further, a writ of mandamus has been sought directing the respondents to promote the petitioners as such with effect from

05.04.2023, the date their juniors have been promoted.

2. Mr. Laler, learned counsel for the petitioners, has contended that the petitioners have been ignored for promotion, though there is nothing adverse in their service record, nor has any reason been cited for doing so while promoting their juniors. To establish the seniority positions he has relied upon the tentative seniority list, dated 05.08.2025, Annexure P-6.

3. Learned State counsel has received instructions from the Department vide memo dated 08.10.2025, which is retained on the case file as Annexure ‘A’. It is to the following effect:

In reference to aforesaid orders, it is submitted that the said promotion order dated 26.08.2025 were made on the basis of the seniority list as on 01.01.2004, which was duly finalized and circulated vide Memo No.05/7-2021 C5(1) dated

10.02.2023. The names of the petitioners were not there in the said seniority list and hence, they were not considered senior to those who were promoted. The promotions dated 26.08.2025 were made strictly in accordance with the finalized seniority list, which remains the only operative list for the purpose of promotions as on date.

Furthermore, the petitioners have referred the tentative seniority list dated 05.08.2025 wherein the petitioners are placed at Sr. No.882, 889, 998 respectively, so far as the said tentative seniority list is concerned, it is submitted that the same was issued in compliance of the judgment dated 06.03.2025 passed by the Hon’ble High Court in LPA No.576 of 2022 titled Parduman Singh & Others Vs. State of Haryana & Others. Further, it is important to mention here that the petitioners in the said LPA No.576 of 2022 were regularised as per 2014 regularisation policy and the said regularisation policy is sub judice before the Hon’ble Apex Court in SLP No.31566 of 2018 titled as State of Haryana Vs. Yogesh Tyagi. However, it is also submitted that the above referred seniority list dated 05.08.2025 is purely provisional in nature and is yet to be finalized and approximately 180 objections have been received against the said tentative list. Therefore, the said list cannot be treated as a conclusive basis for effecting promotions. Until the list is finalized, no action can be taken on its basis and the finalized seniority list dated 10.02.2023 continues to remain operative.

On that basis, she contends that, vide notice dated 05.08.2025, only a tentative seniority list has been circulated inviting objections. In response, 180 objections have been received, which are still to be finalised. On instructions from the Joint Director (College-VI), she also submits that entire process will be concluded and final seniority list will be notified within three months. Thereafter, the petitioners will be considered for promotion in accordance with rules subject to final outcome of the SLP pending before the Supreme Court in Yogesh Tyagi case, as aforementioned.

4. Heard.

5. In view of the facts aforementioned, it is apparent that promotions of teachers, vide impugned order dated 26.08.2025, were on the basis of seniority list of teachers as on 01.01.2004, dated 10.02.2023. The petitioners’ seniority positions are still to be finalised as they have recently been granted seniority from the date of