IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on : 08.12.2025 Pronounced on : 17.12.2025 Uploaded on : 17.12.2025 Deepak Kumar ........Petitioner versus State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Argued by : Mr. Mohit Advocate for Mr. R.S. Manhas, Advocate for the petitioner.

Mr. Swapan Shorey, D.A.G., Punjab.

None for respondents No.3 to 5.

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NAMIT KUMAR, J. (ORAL)

1. The petitioner has invoked the writ jurisdiction of this Court by filing the instant petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for quashing the orders dated 07.11.2016 & 19.09.2012 (Annexures P-9 & P-10) passed by respondent No.2, vide which respondents No.3 to 5, who are juniors to the petitioner, have been promoted to the post of Research Assistant, Grade-B. Further, seeking a writ of mandamus, directing the respondents to promote the petitioner to the post of Research Assistant, Grade-B w.e.f. the date persons junior to the petitioner i.e. respondents No.3 to 5 have been promoted and to grant all consequential benefits to the petitioner.

2. The brief facts, as have been pleaded in the petition, are that on the basis of qualification of Matriculation, the petitioner was initially appointed as Laboratory Attendant on 20.06.1986 on work charged basis and thereafter, his services were regularised on the post of Laboratory Attendant. During his service, the petitioner acquired ‘Diploma in Civil Engineering’ on 07.07.2000 (Annexure P-2) from Punjab State Board of Technical Education and Industrial Training. The next promotional post from the post of Laboratory Attendant and the employees working in the Institute of Laboratories under the control of Institute, is Research Assistant, Grade-C, however, the post of Research Assistant, Grade-C was merged with the post of Research Assistant, Grade-B vide notifications dated 11.07.1967 & 21.01.1969 and as per the said notifications, the educational qualification and experience for the post of Research Assistant, Grade-B will remain same as of Research Assistant Grade-C. For promotion to the post of Research Assistant, Grade-B, the following qualifications have been prescribed under the Rules known as Punjab Public Works Department (Irrigation Branch) Research Assistant State Services Class-III Rules, 1956.

“10. Method of recruitment -

(1) Appointment to the various grades of the Service shall be made (a) in the case of Research Assistants Grade A:

i) by promotion from amongst Research Assistants Grade B; or ii) by transfer of an official already in the service of the Government of a State or of the Union; or iii) by direct appointment;

(b) in the case of Research Assistants, Grade B:

i) by promotion from amongst Research Assistants Grade C; or ii) by transfer of an official already in service of the Government of a State or of the Union; or iii) by direct appointment;

(c) in the case of Research Assistants, Grade C:

i) by promotion from amongst Analysts or Silt Analysts or other ranks already working in the Institute or Laboratories under the control of Institute, provided the official so promoted is reported to be fit for research work expected of Research Assistants and has worked in the Institute or Laboratories for at least 5 years and has also passed the F.Sc. Examination of a recognized university;

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2(i) It is the case of the petitioner that respondents No.3 to 5 are junior to the petitioner and have been promoted, vide orders dated 07.11.2016 & 19.09.2012 (Annexures P-9 & P-10), while ignoring the claim of the petitioner and, therefore, he is entitled to be promoted to the post of Assistant Research, Grade-B w.e.f. the date persons junior to him have been promoted.

3. In the written statement filed on behalf of respondents No.1 & 2, it has been stated as under :-

“Preliminary Objections:

1. That the present civil writ petition is liable to be dismissed on the following grounds:-

(i) The petitioner has actively