IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12897-2026 (O&M)

Date of decision: 19.05.2026 Subhash Chander ... Petitioner Vs.

State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Ankur Lal, Advocate for the petitioner.

Mr. Vikrant Pamboo, Addl. AG, Haryana.

Mr. Parminder Sandhu, Advocate for Mr. Harmanjot Singh Gill, Advocate for respondents No.2 & 3.

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HARPREET SINGH BRAR, J. (ORAL)

1. Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to refix the seniority of the petitioner and to grant him notional promotion to the post of Assistant from 16.06.2011, the date from which his juniors were promoted and further to direct the respondents to consider his case for promotion to the post of Deputy Superintendent and grant notional promotion on the said post.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner was appointed as Clerk on 16.10.1987 and promoted to the post of Sub Divisional Clerk on 22.11.2007. He raised the grievance with regard to passing of the order dated 16.06.2011 (Annexure P-1), vide which the persons junior to him were promoted to the post of Assistant, while keeping one post reserved for the petitioner due to incomplete ACRs, an administrative lapse, which cannot be attributed to him. The petitioner was eventually promoted to the post of Assistant on 03.03.2014 (Annexure P-2), but was not granted notional date of promotion from 16.06.2011. Learned counsel refers to office order dated 26.04.2018 (Annexure P-3), perusal of which indicates that similarly situated employees were granted deemed date of promotion from which their juniors were promoted. Due to this denial, the petitioner became eligible for promotion to the post of Deputy Superintendent in the year 2016, which was arbitrarily denied. Further, the petitioner was suspended on 30.08.2018 and thereafter, reinstated on 13.02.2019. A criminal case and departmental proceedings pending against the petitioner were stayed by this Court vide order dated 27.10.2025 (Annexure P-8). Despite this, promotion order dated 01.09.2021, promoting 42 Assistants, including one, against whom disciplinary action was pending, while ignoring the petitioner. He was granted service extension upto 31.03.2027, as discernible from office order dated 12.08.2025 (Annexure P-9). Further, action of the respondents to deny notional promotional to the petitioner from the date, from which his juniors were promoted, due to incomplete ACRs, is arbitrary and discriminatory. Moreover, mere pendency of criminal case/chargesheet, without any finding of guilt, cannot be a valid ground for denying promotion. It is further submitted that the petitioner submitted a representations dated 14.10.2024 (Annexure P-10) seeking notional promotion to the post of Assistant w.e.f. 16.06.2011 and further to promote him as Deputy Superintendent, before respondent No.2-Chief Administrator, HSVP, which remain unheeded.

Hence, the present petition.

3. Per contra, learned counsel for respondents No.2 & 3 submits that the present petition suffers from the vice of delay and laches. The petitioner is seeking notional promotion w.e.f. 16.06.2011. The claim of the petitioner arose; firstly, on 16.06.2011, when his juniors were promoted as Assistant and thereafter, on 03.03.2014, when the order (Annexure P-2) was passed promoting him on the said post along with 17 other employees. Further, the grievance with regard to promotion can only be raised within a reasonable time, as the seniority cannot be disturbed after long lapse of time.

4. Having heard learned counsel for the parties and after perusing the record of the case with their able assistance, it transpires that primary grievance of the petitioner is regarding passing of the order dated 16.06.2011 (Annexure P-1), vide which persons junior to him were promoted to the