IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

205 Date of decision: 19.12.2025 Suman Gupta .....Petitioner Versus State of Punjab and another .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present : Mr. R.K. Arora, Sr. Advocate with Mr. Jugam Arora, Advocate and Mr. J.S. Bhogal, Advocate for the petitioner.

Mr. Satnampreet Singh Chauhan, DAG, Punjab.

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NAMIT KUMAR, J.

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 the following reliefs:-

“a) issue a writ in the nature of certiorari/mandamus quashing the impugned action of the respondents in not considering and granting the petitioner due regular promotion on the post of 'Senior Town Planner' against vacant posts prior to her retirement on 31.10.2023, on which the petitioner was also assigned officiating charge vide order dated 21.07.2023 (P-4) without filling the same on regular basis and the said vacant posts were filled on regular basis after retirement of the petitioner, as patently wrong, illegal, arbitrary, mala fide and unconstitutional;

b) issue a writ directing the respondents to consider and grant the petitioner for regular promotion on notional basis with effect from the date she was assigned current duty charge of the post of Senior Town Planner vide order dated 21.07.2023 (P-4) and/or prior to her date of retirement against one of the vacant posts, as per her seniority and to grant the petitioner all consequential benefits including re-fixation of her post retirement benefits in the pay scale of the promotional post of Senior Town Planner with all consequential benefits in terms of various judicial pronouncements including the judgment reported as State of Punjab Vs. Jagjit Singh & Ors. 2018 (4) SCT 549 and LPA No.1703 of 2023 decided on 30.01.2024 titled Prem Kumar Aggarwal Vs. State of Punjab & Ors.;

c) issue a writ in the nature of mandamus directing the respondents to grant the petitioner pay scale and emoluments of the higher promotion post of Senior Town Planner on which she has been asked to perform duties till her retirement on 31.10.2023 by quashing the clause regarding denial of financial benefits and accordingly grant the petitioner pension and other retirement benefits on the basis of fixed pay on the date of her retirement with all consequential benefits;

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2. The brief facts as have been pleaded in the petition are that the petitioner joined as Junior Draftsman in the Department of Town and Country Planning, Punjab, on 29.03.1990 on regular basis and was further promoted as Planning Draftsman on 23.12.2008. Thereafter, she was selected and appointed to the post of Assistant Town Planner through Punjab Public Service Commission, vide appointment letter dated 20.07.2010 and joined as such on 21.07.2010 (Annexure P-1). Thereafter, she was promoted as District Town Planner, vide order dated 08.10.2018 and joined on the said post on 18.10.2018. In the seniority list of the cadre of District Town Planner (Group A), dated

20.02.2020, she has been placed at seniority No.9 (Annexure P-2).

3. The next channel of promotion from the post of District Town Planner is to the post of Senior Town Planner in terms of the rules known as 'Punjab Town and Country Planning (Group A) Service Rules, 2017'. The relevant portion from the said Rules is as under:-

“5. Method of appointment, qualifications and experience - (1) Appointment to the post in the Service shall be made in the manner as specified in Appendix 'B':

Provided that if no suitable candidate is available for appointment to the Service by promotion either with requisite experience or with two-third part of the requisite experience or by direct recruitment, as the case may be, then appointment to the service shall be made by transfer of a person holding an alogous post under the State Government or Government of India.

(2) No person shall be appointed to a post in the Service unless he