IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-38020-2025 (O&M)

Date of decision: 19.12.2025 Naresh Kumar ... Petitioner Vs.

State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Dhiraj Chawla, Advocate for the petitioner.

Mr. Vikas Arora, DAG, Punjab.

Mr. Buta Singh Bairagi, Advocate for respondents No.2 to 6.

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HARPREET SINGH BRAR, J. (ORAL)

1. Present civil writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of the seniority list dated 23.10.2025 (Annexure P-6), vide which the petitioner has been placed below his juniors solely on the basis of minor penalty of stoppage of one annual increment without future effect imposed vide order dated 12.12.2019 (Annexure P-1) and further to issue a writ in the nature of mandamus directing respondent No.1 to antedate the promotion of the petitioner to the post of Municipal Town Planner w.e.f. 26.10.2020, the date on which his immediate juniors were promoted along with all the consequential benefits. It is further prayed to direct respondent No.1 to consider the petitioner for promotion to the post of Senior Town Planner, as he is fully eligible under the Punjab Municipal Corporation Services (Recruitment and Conditions of Service) Rules (Amendment), 2020.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner was appointed as Planning Officer on 29.04.1999 and promoted to the post of Assistant Town Planner vide order dated 25.01.2011. Further, departmental action was initiated against the petitioner, which culminated into awarding minor penalty of stoppage of one annual increment without future effect on 12.12.2019, as discernible from Annexure P-1. It is further contended that the petitioner, despite being at Sr. No.2 in the seniority list of Assistant Town Planners dated 05.08.2019, which was finalized on 20.03.2020 (Annexure P-2), he was not considered for promotion, however, his juniors were promoted as Municipal Town Planner on 26.10.2020 (Annexure P-3). Thereafter, the petitioner was also promoted as Municipal Town Planner vide order dated 31.12.2021 (Annexure P-4), but he was placed below his juniors at Sr. No.8 in the impugned seniority list dated 23.10.2025 (Annexure P-6) solely on the basis of aforesaid minor penalty, which is illegal, arbitrary and discriminatory.

3. Learned counsel for the petitioner further submits that it is settled law that awarding of minor penalty creates no embargo on the right of an employee to be considered for promotion. In this regard, learned counsel refers to a judgment rendered by the Hon’ble Supreme Court in Shiv Kumar Sharma Vs. Haryana State Electricity Board, Chandigarh, 1988 AIR SC 1673; the judgment of the Division Bench of this Court in S.S. Karan Vs. Punjab and Haryana High Court and others, 2015 (3) SCT 620; judgments passed by this Court in CWP-16518-2008 titled as Jagir Singh Vs. State of Punjab and others, decided on 15.09.2011 and CWP-25278-2014 titled as Kuldeep Kaur Vs. Punjab and Haryana High Court and another, decided on 31.05.2016. It is further contended that case of the petitioner is also covered by the guidelines (Annexure P-7) issued by the Departmental Promotion Committee on 23.11.1990, which provides that awarding a minor penalty cannot bar promotion. Learned counsel for the petitioner also refers to the memo dated 28.11.2025 (Annexure P-8) and submits that the respondents have proposed to hold a Departmental Promotion Committee for promotion to the post of Senior Town Planner.

4. Per contra, learned State counsel opposes the prayer made in the present petition and relies upon the judgment rendered by the Coordinate Bench of this Court in SI Vinod Kumar Vs. State of Haryana and others, 2025 NCPHHC 110978. It is submitted that the judgments relied upon by learned counsel for the petitioner are distinguishable on facts, as the Coordinate Bench in SI Vi