While directing the authorities to hold the Departmental Promotion Committee Meetings quarterly, so that Government employees can get promotions against vacant posts in time, the Punjab and Haryana High Court has held that the right to be considered for promotion is a fundamental right under Article 14 and 16(1) of the Constitution.

The High Court was considering a writ petition seeking a direction to the respondents to promote the petitioner to the post of Assistant Corporation Engineer (O&M) (Civil), being fully eligible as per the Punjab Municipal Corporation Services (Recruitment and conditions of service) (Amendment) Rules, 2020.

The Single Bench of Justice Harpreet Singh Brar held, “This Court does not find merit in the argument of the learned counsel for the respondents that the instructions dated 08.05.2017 (Annexure P6) are merely directory in nature. As noted above, DPCs must be held regularly to ensure career progression and avoid stagnation. Right to be considered for promotion is a fundamental right under Article 14 and 16(1) of the Constitution. Delay in convening the DPC not only causes financial loss to the concerned officers on account of delayed promotion to the next higher grade, but also adversely impacts their future career progression, as it correspondingly postpones their eligibility for further advancement. Therefore, the respondents are mandated to hold DPCs every three months (quarterly) during every calendar year so that employees can get promotions against vacant posts in time.”

Advocate Abhishek Singla represented the Petitioner, while Deputy Advocate General Vikas Arora represented the Respondent.

Factual Background

The case as set up by the petitioner was that he was appointed as Tubewell Driver in the Punjab Water Supply and Sewerage Board in the year 1995. In 1996, the services of the petitioner were transferred to the Municipal Corporation, Amritsar. Subsequently, in 2011, the services of the petitioner were regularized and all past benefits were also granted. Thereafter, the petitioner was promoted to the post of Junior Engineer (O&M) (Civil) on a probation period of one year. In 2020, the Government of Punjab, Department of Local Government, issued the tentative seniority list of Junior Engineers (O&M) (Civil), wherein the petitioner was placed at Sr. No.2.

It was the petitioner’s case that one Nandan Bansal, who was placed at Sr. No.1, has already been promoted to the post of Assistant Corporation Engineer (O&M) (Civil) and, therefore, the petitioner was the senior-most Junior Engineer (O&M) (Civil).The petitioner submitted a representation to the respondents to consider his case for promotion. However, no reply to the said representation was received. It was in such circumstances that the petitioner approached the High Court.

Reasoning

Referring to the 2020 Amendment of the Punjab Municipal Corporation Services (Recruitment and Conditions of Service) Rules, 1978, the Bench explained that the employees who are already members of the service of Junior Engineer (O&M) (Civil) shall be entitled to promotion, notwithstanding the absence of such educational qualifications.

The Bench was of the view that the petitioner fell within the ambit of the aforesaid proviso, since he was already working as a Junior Engineer (O&M) (Civil) at the time the 2020 Amendment Rules came into force. “Consequently, even if the petitioner’s diploma obtained through parttime/distance mode is neither valid nor recognized, the same is not a prerequisite for his consideration for promotion to the post of Assistant Corporation Engineer (O&M) (Civil). Admittedly, the petitioner completed seven years of service as a Junior Engineer on 02.01.2024 and was, therefore, fully eligible for promotion in terms of the 2020 Amendment Rules”, it stated.

As per the Bench, the respondent corporation had misinterpreted the 2020 Amendment Rules and was wrong in stating that the petitioner was not eligible for promotion to the post of Assistant Corporation Engineer (O&M) (Civil). “Furthermore, it is settled law that DPCs must be held regularly and timely to ensure promotions and career progression of eligible employees and to avoid stagnation. The employees cannot be made to suffer for the fault of the employer in holding DPCs in a delayed manner”, it added.

Thus, allowing the writ petition, the Bench directed the respondents to grant the petitioner notional promotion to the post of Assistant Corporation Engineer (O&M) (Civil), along with all consequential benefits, with effect from the date he completed seven years of service as a Junior Engineer (O&M) (Civil), i.e., 02.01.2024. The Bench concluded the matter by further directing, “Going forward, as observed hereinabove, the respondents are mandated to hold DPCs on a quarterly basis (every three months) during each calendar year, in strict compliance with the instructions dated 08.05.2017 (Annexure P-6).”

Cause Title: Kulwant Singh v. State of Punjab and others (Neutral Citation: 2026:PHHC:048139)

Appearance

Petitioner: Advocate Abhishek Singla

Respondent: Deputy Advocate General Vikas Arora, Advocate Sanju Wadhwa

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Punjab & Haryana High CourtJustice Harpreet Singh Brar

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.