IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 216 CWP-18925-2021 (O&M) Date of Decision:- 22.07.2026 Ashok Kumar and others … PeƟƟoners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Krishan Singh, Advocate for the peƟƟoners. Mr. Suneel Ranga, DAG, Haryana. ***** NIDHI GUPTA, J . Present Civil Writ PeƟƟon under ArƟcles 226/227 of the ConsƟtuƟon of India has been filed by the peƟƟoner for issuance of a writ in the nature of CerƟorari for quashing noƟce dated 05.01.2021 (Annexure P-4) issued by respondent No. 2, whereby applicaƟons of the reƟred SDE (Civil) for re- employment to the post of SDE (Civil) has been invited; and issue a writ in the nature of Mandamus direcƟng the respondents to fill up the post of SDE (Civil) by way of promoƟon in terms of Rule 6 of the Punjab Service of Engineers Class-II, PWD (Public Health) Haryana Rules, 1966, as amended vide noƟficaƟon dated 29.03.2004 (Annexure P-1), now called the Punjab Service of Engineers Class-II, PWD (Public Health) Haryana Amended Rules, 2004, as the peƟƟoners are fully eligible for promoƟon to the post of SDE (Civil). NEELAM KUMARI 2026.07.24 11:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-18925-2021 (O&M) - 2 - 2. It is inter alia submiƩed by ld. counsel for the peƟƟoner that the peƟƟoners had joined the respondent-Department as Junior Engineers (JE) on 11.11.2004. Vide noƟficaƟon dated 29.03.2004 (Annexure P-1), some amendments were made in Rule 6 of the Punjab Services of Engineers Class II Public Health Rules, 1966 (hereinaŌer ‘the 1966 Rules’). It is submiƩed that as the result of the said amendment, recruitment to the post of Sub Divisional Engineer/SDE was to be made by 50% direct recruitment and 50% promoƟon. PeƟƟoners were eligible for appointment as SDE by way of promoƟon. 3. Ld. counsel submits that the respondents had issued final inter-se seniority list (Annexure P-2) in which the peƟƟoners were shown at serial Nos. 20, 25 and 235, respecƟvely. Subsequently, the respondents had issued an adverƟsement dated 05.01.2021 (Annexure P-4) for re-employment of the reƟred SDEs to the post of SDE. Learned counsel submits that as demonstrated above, the peƟƟoners were eligible for promoƟonal appointment to post of SDE under the amended 1966 Rules. However, vide the impugned adverƟsement, the peƟƟoners were being overlooked. As such, peƟƟoners had served legal noƟce dated 05.08.2021 (Annexure P-5) to this effect upon the respondents. However, to no avail. 4. It is accordingly prayed that the present writ peƟƟon be allowed and the impugned noƟce dated 05.01.2021 (Annexure P-4) issued by respondent No. 2 inviƟng applicaƟons from reƟred SDE (Civil) for re-employment to post of SDE (Civil) be quashed; and further a writ in the nature of mandamus be issued direcƟng the respondents to fill post of SDE (Civil) by way of promoƟon as per NEELAM KUMARI 2026.07.24 11:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-18925-2021 (O&M) - 3 - Rule 6 of the Punjab Service of Engineers Class-II, PWD (Public Health) Haryana Rules, 1966 Amended vide noƟficaƟon dated 29.03.2004. 5. Per contra, ld. State counsel has opposed submissions on behalf of the peƟƟoners and submiƩed that the peƟƟoners can only be appointed against the promoƟon quota posts meant for them, whereas vacancies exist in the direct recruit quota against which the reƟred SDEs were sought to be re- employed. It is accordingly prayed that present writ peƟƟon be dismissed, being without merit. 6. No other argument is made on behalf of learned counsel for the parƟes. I have heard ld. counsel and perused the case file and record in detail. I find merit in the submissions advanced on behalf of the respondent-State. 7. A perusal of the wriƩen statement dated 18.11.2022 filed on behalf of the respondent Nos. 1 to 3 shows that respondents have stated as follows in relevant para Nos. 3 to 6:- “That the services of the Sub Divisional Engineers are governed under the Punjab service of Engineer Class-II Rules, 1966. It is submiƩed that there is separate quota for various categories in the Punjab Service of Engineer Class-Il Rules, 1966. Prior to 29.10.1993, as per Rule 6 of Punjab Service of Engineers Class-II Rules, 1966, 35% posts were meant for promoƟonal categories (20% Junior Engineer 10% AMIE/B.E. Degree holders, 5% for drawing category) and 65% posts were meant for direct recruitment. The Haryana Government vide its noƟficaƟon No.G.S.R.61/Const./Art. 309/93 dated 29.10.1993 amended the percentage for these categories i.e. 57% posts meant for direct recruits and 43% meant for promoƟons (25% for Junior Engineers, 12% for AMIE/ BE degree holders and 6% for drawing category). The Haryana Government vide its NoƟficaƟon No.G.S.R.10/Const./Art.209/2004 dated 29.3.2004 further NEELAM KUMARI 2026.07.24 11:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-18925-2021 (O&M) - 4 - amended the percentage for these categories i.e. 50% for direct recruits and 50% meant for promoƟons (30% meant for Junior Engineers, 14% for AMIE/ B.E. degree holders and 6% Drawing categories) In this amended Rule the following condiƟons were imposed. i) That the above percentage shall be maintained from Ɵme to Ɵme. ⅱ) To cover the short fall, if any, in any categories, the future vacancies shall be filled from that category Ɵll the shorƞall is completed. However to complete the shorƞall no reversion /retrenchment shall be made. Iii) The vacancies arising due to reƟrement, promoƟon/dismissal or death etc. shall be filled in from the category from which the post falls vacant. 4. That there are 173 sancƟoned posts of Sub Divisional Engineers (Civil) in the department of respondent No.1 & 2. Out of these posts of Sub Divisional Engineers, 50% meant for direct recruitment and remaining 50% are filled up by promoƟon from Junior Engineers /DraŌsmen members of DraŌsmen and Tracers Services. The breakup of 50% posts to be filled up by promoƟon is as under.- (i) From the members of the Haryana PWD Public Health, Junior Engineers (Engineering) Service 30% ii) From DraŌsmen Members of the DraŌsmen and Tracer service.6% (ii) From members of the Haryana PWD Public Health Junior Engineers Service and DraŌsmen Members of the DraŌsman and Tracers service possessing qualificaƟon prescribed in Appendix 'B. 14%. The Haryana Government vide its NoƟficaƟon No.G.S.R.10/Const./Art.209/2004 dated 29.3.2004. In view of above, the peƟƟoners cannot be promoted against direct quota posts and they can be promoted only against promoƟon quota posts meant for them. NEELAM KUMARI 2026.07.24 11:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-18925-2021 (O&M) - 5 - 5. That at present, 61 No. Posts of Sub Divisional Engineer are lying vacant in the department of respondent No.1 & 2 as per the following details:- 6. That there is shortage of Sub Divisional Engineers in the department of respondent No.1 & 2 due to which it is difficult to smoothly maintain the essenƟal services of Water Supply and Sewerage in the State. Therefore, NEELAM KUMARI 2026.07.24 11:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-18925-2021 (O&M) - 6 - department of respondent No.1 & 2 intended to fill up the vacant posts Sub Divisional Engineer under direct quota by way of re-employment of reƟred officers.” 8. No replicaƟon has been filed by the peƟƟoners controverƟng the above said averments made by the respondents. The enƟre posiƟon has been made clear by the respondents to the effect that there are no posts vacant in the promoƟonal quota; and as there was dire need of SDEs and 55 posts were vacant in the direct recruit quota, the reƟred SDEs were sought to be re- appointed as an interim measure for a period of two years or Ɵll direct recruitment is made through Haryana Public Service Commission. 9. Thus, as an interim measure to meet the exigencies of service and the administraƟve requirements, the impugned noƟce dated 05.01.2021 (Annexure P-4) was issued inviƟng applicaƟons from reƟred SDEs (Civil). 10. Needless to say, the peƟƟoners will be promoted as Sub Divisional Engineers on availability of posts in their quota as per Rule 6 of the 1966 Rules as amended on dated 29.03.2004. PeƟƟoners cannot claim promoƟon against the direct quota posts of SDE. 11. In view of the above, the present writ peƟƟon stands dismissed. 12. Pending applicaƟon(s), if any, also stands disposed of. ( NIDHI GUPTA ) 22.07.2026 JUDGE Neelam Whether speaking /reasoned Yes / No Whether Reportable Yes / No NEELAM KUMARI 2026.07.24 11:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh