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2026 Supreme(Online)(P&H) 80657

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANISH KUMAR GUPTA – Appellant
Versus
HARYANA POWER GENERATION CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR AND ORS – Respondent
CWP_9581_2025



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1. CWP-8395-2025 (O&M)

Ravinder Singh Saroha ... Petitioner Vs.

Haryana Power Generation Corporation Limited and others ... Respondents

2. CWP-9581-2025 (O&M)

Anish Kumar Gupta ... Petitioner Vs.

Haryana Power Generation Corporation Limited and others ... Respondents Reserved on: 22.04.2026 Pronounced on: 12.05.2026 Uploaded on: 12.05.2026 Whether only the operative part of the judgment is pronounced ? No Whether full judgment is pronounced ? Yes CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. B.S. Rana, Sr. Advocate with Mr. Nayandeep Rana, Advocate for the petitioner (in CWP-8395-2025).

Mr. Dinesh Kumar, Advocate and Mr. Arvind Galav, Advocate for the petitioner (in CWP-9581-2025).

Mr. Prince Singh, Advocate for the respondents (in both cases).

*******

HARPREET SINGH BRAR, J.

1. With the consent of all the parties, the aforementioned writ petitions are taken up together and are being decided by this common judgment. However, for the sake of brevity, the facts are being taken from CWP-8395-2025

2. Present writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari seeking quashing of the office order dated 09.02.2024 (Annexure P-8) to the extent of denying the petitioner(s) the arrears and other financial benefits on the principle of “No Work No Pay”, although they have been granted promotion from deemed dates as Assistant Engineer w.e.f. 23.02.2005, Assistant Executive Engineer w.e.f. 26.06.2009 and Executive Engineer w.e.f. 11.04.2013, in pursuance of the revised seniority list dated 19.01.2024 and seniority list dated 09.02.2024, for the period ranging from 15.08.1998 to 31.12.2022. A further prayer has been made for issuance of a writ in the nature of mandamus directing the respondents to grant arrears of pay to the petitioner(s) from the date, on which their juniors were promoted to the respective posts till the date of their actual promotion i.e. 09.02.2024, along with interest @9% per annum on delayed payment.

CONTENTIONS

3. Learned senior counsel for the petitioner(s), inter alia, contends that the petitioner(s) were promoted beyond their due dates on account of administrative lapse on the part of the respondents. In support of his submissions, reliance has been placed upon a judgment passed by the Division Bench of this Court in LPA-1515-2015 titled as Satpal Singh and others Vs. Haryana Power Generation Corporation Limited and others, decided on

09.08.2018.

3.1 He further submits that once there is an admitted failure on the part of the respondent-Corporation in not adhering to the guidelines, particularly with regard to preparation of the ranking list on 1st day of January of each year in terms of Clause 2 of the notification dated 20.10.1993, the exercise having been undertaken for the first time only on 15.03.2006, the eligible employees, including the petitioner(s), cannot be made to suffer for such administrative lethargy.

3.2 Learned senior counsel further submits that in Sukhdev Singh and others Vs. Haryana Power Generation Corporation Limited and others, LPA- 37-2016, the Division Bench of this Court has considered the implications of the notification dated 20.10.1993 as well as the guidelines regarding preparation of the ranking list on 1st day of January each year, of the eligible employees, possessing the requisite qualifications for promotion to the next higher post. It is submitted that the Engineering Subordinates, who acquire the qualification of A.M.I.E./B.E. along with five years of experience become eligible for promotion and juniors, who acquired such qualification much later than the petitioner(s) cannot be permitted to steal a march over them.

3.3 It is thus contended that the petitioner(s) are entitled to accelerated promotion in 12½% quota. By interpreting the amended Regulation 9(1)(b)(ii) of the Punjab State Electricity Board, Service of Engineers (Civil) Recruitm

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