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High Court of Punjab and Haryana · body

2016 DAILYLAW 4037 (PNJ)

TARSEM LAL GARG v. STATE OF PUNJAB & ORS

CWP/10852/2016 · 2026-08-18

Sudeepti Sharma

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Judgment text

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116 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-10852-2016 (O&M) Date of Decision: 18.08.2026 Tarsem Lal Garg ......Petitioner Vs. State of Punjab and others ......Respondents CORAM: HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Gurinder Singh Attariwala, Senior Advocate, with Mr. Vishal Gupta, Advocate, for the petitioner. Ms. Arundhati Kulshreshtha, A.A.G., Punjab, for respondents No.1 to 5. None for respondent No.6. **** SUDEEPTI SHARMA J. (ORAL) 1. The present writ petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to grant the promotion to the petitioner to the post of Junior Engineer (Civil) w.e.f. 18.04.2011 when his junior i.e. respondent No.6 has been promoted to the post of Junior Engineer (Civil) along with all benefits/arrears including interest @ 18% per annum. 2. On 11.11.2022, the Co-ordinate Bench of this Court passed the following order:- “Additional affidavit dated 10.11.2022 of Sh. Jaskaran Singh, Executive Engineer, Water Supply and Sanitation Division No.1, Ludhiana has been filed. The same is taken on record. Copy thereof supplied to the opposite side. Para 2 of the aforesaid affidavit being relevant reads as under:- “That w.e.f. 23.07.2012, many as 16 employees of the department who were working as Pump Operators and one employee who was working as Electrician were promoted to the post of JE vide different orders dated 05.11.2012, 12.04.2013 and VIRENDRA SINGH ADHIKARI 2026.08.20 10:16 I agree to specified portions of this document 13.08.2013. Subsequently the petitioner requested and represented for promotion vide letter dated 10.10.2013 (Annexure P-6). Accordingly, though the case for promotion of the petitioner to the post of J.E. was recommended to the competent authority yet no promotion had been made of any of the similarly situated employee like the petitioners, till the retirement of the petitioner on 31.03.2014.” Perusal of above extracted portion clearly reveals that after 23.07.2012, as many as 16 co-employees of the petitioner were promoted to the post of Junior Engineer. In view of the above, respondents shall consider the case of promotion of petitioner to the post of J.E. in accordance with law before the date fixed, but this shall be subject to final outcome of writ petition. Posted on 05.01.2023.” 3. In compliance of the same, speaking order dated 22.01.2025 has been passed by the Executive Engineer, Water Supply & Sanitation, Division No.1, Ludhiana, which is taken on record. A copy thereof has been given to the learned counsel for the petitioner. 4. A perusal of the said speaking order shows that the petitioner did not meet the educational qualification set out by the Service Rules 2010 (First Amendment) and his request for promotion as Junior Engineer under the 6% quota from 18.04.2011 has been rejected. 5. In view of the above, the present civil writ petition is disposed of with liberty to the petitioner to avail the remedy as is available to him in accordance with law to challenge the aforesaid speaking order dated 22.01.2025. 6. Pending applications, if any, also stand disposed of. (SUDEEPTI SHARMA) JUDGE 18.08.2026 Virender Whether speaking/non-speaking : Yes/No Whether reportable : Yes/No VIRENDRA SINGH ADHIKARI 2026.08.20 10:16 I agree to specified portions of this document