IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RESERVED ON: 14.10.2025 PRONOUNCED ON: 04.11.2025 OM PRAKASH AND ANOTHER ...PETITIONERS VERSUS STATE OF HARYANA AND ORS.

....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Ravinder Malik(Ravi), Advocate with Mr. Garvit Mittal, Advocate and Mr. Ritender Rathee, Advocate for the petitioners Mr. Sushil Bhardwaj, Addl. AG Haryana ****

SANDEEP MOUDGIL, J

1. Prayer The present writ petition, filed under Articles 226 and 227 of the Constitution of India, calls in question the action of the respondent– department in denying retrospective promotion to the petitioners to the posts of Deputy Superintendent (w.e.f. 21.09.2010) and Superintendent (w.e.f. 31.05.2013), despite their due seniority and eligibility under the Haryana Health Department Subordinate Offices Ministerial Staff (Group-C) Service Rules, 1997 and the Group-B Service Rules, 1982. The denial rests upon the Department’s subsequent application of reservation in promotion purportedly on the basis of judicial pronouncements without any corresponding amendment in the statutory service rules.

2. Brief Facts The petitioners entered service as a Clerk in the Health