CWP-8646-202 IN THE HIGH COURT OF PUNJAB AND HARYANA 228 PRIYANKA TIWARI SHAHEED HASAN KHAN MEWATI, COLLEGE, NALHAR, NUH AND ANOTHER CORAM: HON'BLE MR Present: Mr. R. K. Malik Mr. Anshul Labana, Advocate for the petitioner. Mr. Aakash Singla, Additional TRIBHUVAN DAHIYA The petition has been filed, mandamus directing the respondent Assistant to the petitioner junior was promoted as such 2. Learned senior counsel has contended that the first respondent/College working there, she was Government Medical College, Karnal letter dated 03.04.2018 the respondent Services (General) Rules, 2016 Director of the Vide office order dated 2021 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Decided On: PRIYANKA TIWARI Versus SHAHEED HASAN KHAN MEWATI, COLLEGE, NALHAR, NUH AND ANOTHER CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. R. K. Malik, Senior Advocate with Mr. Anshul Labana, Advocate for the petitioner. Mr. Aakash Singla, Additional Advocate General, Haryana TRIBHUVAN DAHIYA J.(Oral) The petition has been filed, inter alia directing the respondents to give Assistant to the petitioner with effect from 21.08.2018 junior was promoted as such vide office order Learned senior counsel has contended that respondent/College at Nuh, as Record Clerk working there, she was recruited on transfer basis as Clerk Government Medical College, Karnal, and was relieved 03.04.2018, Annexure P-3. The letter also state the respondent/College at Nuh would be maintained as per the Services (General) Rules, 2016. On that basis Director of the College at Nuh seeking promotion Vide office order dated 13.08.2018, Annexure P IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-8646-2021 Decided On: 08.09.2025 ....PETITIONER(s) SHAHEED HASAN KHAN MEWATI, GOVERNMENT MEDICAL COLLEGE, NALHAR, NUH AND ANOTHER ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA Advocate with Advocate General, Haryana. inter alia, seeking a writ of to give deemed date of promotion as with effect from 21.08.2018, the date when her vide office order of the same date, Annexure P-8. Learned senior counsel has contended that the petitioner joined , as Record Clerk on 06.03.2013. While recruited on transfer basis as Clerk in Kalpana Chawla , and was relieved to join duty there vide he letter also stated that her lien in maintained as per the Haryana Civil n that basis she made a representation to seeking promotion to the post of Assistant. , Annexure P-6, her junior was promoted GOVERNMENT MEDICAL , seeking a writ of date of promotion as her . petitioner joined . While in Kalpana Chawla to join duty there vide in Haryana Civil she made a representation to . promoted Aman Dua 2025.09.17 09:04 I attest to the accuracy and authenticity of this judicial document CWP-8646-202 as Assistant. Since the petitioner was time, it was decided that she would the College at 2.1. As per letter dated Kalpana Chawla period was extended could not complete College at Nuh order dated 27.07.2020 been promoted that date, i.e., to be given notional promotion because she had a lien in the College at Nuh. 3. Learned State counsel, however, oppose that in terms of Rule 27 of the 2016 Rul came to an end on completion of one year in service, since appointed otherwise 4. Considering the submissions, this Court is of the view that the petitioner is entitle junior has been on the post of Clerk Karnal. She was not confirmed there back she was granted her junior had earlier been promoted. Therefore, it is too late in the day to contend that her lien came to an end on completion one year of 2021 -2- . Since the petitioner was serving in the College at Karnal at that time, it was decided that she would be considered for promotion on Nuh. As per letter dated 27.07.2020, Annexure P Kalpana Chawla Government Medical College, period was extended equal to the period of leave availed by her, which she could not complete, and was not confirmed in service. College at Nuh on 15.01.2020, she was promoted as Assistant vide office 27.07.2020, Annexure P-15, and not from the date her junior had been promoted. Therefore, she approached this Court 21.08.2018. It is further contended that to be given notional promotion from the date her junior has been promoted because she had a lien in the College at Nuh. Learned State counsel, however, oppose that in terms of Rule 27 of the 2016 Rules, the petitioner’s probation period came to an end on completion of one year in service, since appointed otherwise than by way of direct recruitment. Considering the submissions, this Court is of the view that the petitioner is entitled to be considered for notional promotion from the date her junior has been promoted. It is for the reason her on the post of Clerk remained intact while she worked at the Medical College, She was not confirmed there and had to rejoin she was granted promotion as Assistant as well, though not from the date her junior had earlier been promoted. Therefore, it is too late in the day to contend that her lien came to an end on completion one year of serving in the College at Karnal at that be considered for promotion on rejoining 27.07.2020, Annexure P-20, from Director, Government Medical College, the petitioner’s probation the period of leave availed by her, which she confirmed in service. After rejoining the was promoted as Assistant vide office , and not from the date her junior had Therefore, she approached this Court seeking promotion from . It is further contended that the petitioner is entitled from the date her junior has been promoted Learned State counsel, however, opposed a prayer on the ground , the petitioner’s probation period came to an end on completion of one year in service, since she had been than by way of direct recruitment. Considering the submissions, this Court is of the view that the d to be considered for notional promotion from the date her her lien with the College at Nuh intact while she worked at the Medical College, and had to rejoin at Nuh. On joining promotion as Assistant as well, though not from the date her junior had earlier been promoted. Therefore, it is too late in the day to contend that her lien came to an end on completion one year of probation in serving in the College at Karnal at that rejoining Director, the petitioner’s probation the period of leave availed by her, which she joining the was promoted as Assistant vide office , and not from the date her junior had promotion from is entitled from the date her junior has been promoted a prayer on the ground , the petitioner’s probation period had been Considering the submissions, this Court is of the view that the d to be considered for notional promotion from the date her lien with the College at Nuh intact while she worked at the Medical College, at Nuh. On joining promotion as Assistant as well, though not from the date her junior had earlier been promoted. Therefore, it is too late in the day to in Aman Dua 2025.09.17 09:04 I attest to the accuracy and authenticity of this judicial document CWP-8646-202 terms of Rule 27 of the 2016 especially in the face of letter, dated probation period. acknowledged her existin promotion as Assistant as well. contrary now. It is also not denied that her junior stands promoted as Assistant on 21.08.2018, which gives her right to seek notional promotion from that date. 5. Accordingly to consider the petitioner’s case for granting notional promotion observations above i.e., 21.08.2018 three months of 08.09.2025 Ad Whether speaking/reasoned? Whether reportable? 2021 -3- terms of Rule 27 of the 2016 Rules. The contention has no basis at all, especially in the face of letter, dated 27.07.2020 probation period. By allowing her to rejoin at Nuh, the respondents acknowledged her existing lien on the post of Clerk and further granted her promotion as Assistant as well. They cannot be permitted to take a stand to the contrary now. It is also not denied that her junior stands promoted as Assistant on 21.08.2018, which gives her right to seek notional promotion from that Accordingly, the petition is disposed of to consider the petitioner’s case for granting notional promotion above with effect from the date her junior has been promoted, 21.08.2018 and pass appropriate order in accordance with law, of receiving a certified copy of this order. (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? Rules. The contention has no basis at all, 27.07.2020, extending the petitioner’s By allowing her to rejoin at Nuh, the respondents g lien on the post of Clerk and further granted her They cannot be permitted to take a stand to the contrary now. It is also not denied that her junior stands promoted as Assistant on 21.08.2018, which gives her right to seek notional promotion from that , the petition is disposed of directing the respondents to consider the petitioner’s case for granting notional promotion in view of the the date her junior has been promoted, and pass appropriate order in accordance with law, within certified copy of this order. TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No Rules. The contention has no basis at all, , extending the petitioner’s By allowing her to rejoin at Nuh, the respondents g lien on the post of Clerk and further granted her They cannot be permitted to take a stand to the contrary now. It is also not denied that her junior stands promoted as Assistant on 21.08.2018, which gives her right to seek notional promotion from that directing the respondents in view of the the date her junior has been promoted, n Aman Dua 2025.09.17 09:04 I attest to the accuracy and authenticity of this judicial document