CWP-12562-2025 (O&M) 140 IN THE HIGH COURT OF PUNJAB AND HARYANA Sunny State of Punjab CORAM: HON HON Present:- Dr. Anand K. Bishnoi, SUDHIR SINGH The petitioner has sought issuance of a writ in the nature of Certiorari quashing short ‘Rules of 2023’ Sr. No.3 of the Appendix ‘B’ read with Rule writ in the nature of Certiorari has dated 11.09.2024 (Annexure P petitioner through providing him any opportunity of hearing. 2. It is the ‘computer’ on compassionate ground 23.06.2011 (Annexure P the post of Statistical 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH Date of decision: versus State of Punjab and others HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MR. JUSTICE ALOK JAIN Dr. Anand K. Bishnoi, Advocate for ***** SUDHIR SINGH, J. (ORAL) The petitioner has sought issuance of a writ in the nature of Certiorari quashing the Punjab Labour (Group B) Service Rules, 2023 short ‘Rules of 2023’ dated 06.07.2023 (Annexure P Sr. No.3 of the Appendix ‘B’ read with Rule 6 of the in the nature of Certiorari has been sought quashing the dated 11.09.2024 (Annexure P-8) dismissing the objections raised by the through his legal notice dated 18.08.2023 (Annexure P providing him any opportunity of hearing. It is the case of the petitioner that he ‘computer’ on compassionate ground vide appointment letter dated 23.06.2011 (Annexure P-1). On 24.07.2015, the petitioner was promoted to Statistical Assistant, and further on 1 of 4 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12562-2025 (O&M) Date of decision: May 05, 2025 ….Petitioner ….Respondents SUDHIR SINGH ALOK JAIN Advocate for the petitioner. The petitioner has sought issuance of a writ in the nature of Labour (Group B) Service Rules, 2023 (for (Annexure P-6) seeking deletion of 6 of the Rules of 2023. A further sought quashing the impugned order dismissing the objections raised by the his legal notice dated 18.08.2023 (Annexure P-7) without case of the petitioner that he was appointed to the post of vide appointment letter dated 24.07.2015, the petitioner was promoted to Assistant, and further on 16.01.2020, he was promoted 4 2025 (O&M) , 2025 Petitioner s The petitioner has sought issuance of a writ in the nature of (for deletion of A further impugned order dismissing the objections raised by the without appointed to the post of vide appointment letter dated 24.07.2015, the petitioner was promoted to 16.01.2020, he was promoted MAHAVIR SINGH 2025.05.13 10:15 I attest to the accuracy and authenticity of this order/ judgment CWP-12562-2025 (O&M) 2 of 4 to the post of Field Investigator. As per the Punjab Labour (Group B) Service Rules, 2005 (for short ‘Rules of 2005’), the petitioner was eligible for promotion as Statistical Officer (Labour) being 100% promotional post. It is further the case of the petitioner that as, at the time of his joining, he was governed by the Punjab Labour Department (State Service Class III) Rules, 1969 (for short ‘Rules of 1969’), after promotion to the post of Statistical Officer (Labour), there was further promotional channel to the post of A.L.C. as feeder cadre. Along with that, there was also a provision under the Rules of 1969, for further promotion from the post of Field Investigator to the post of Labour-cum-Conciliation Officer from feeder Cadre. But the said quota was abolished and the said post was arbitrarily allocated to the Superintendent Grade II and Legal Assistant vide Rules of 2005. On 16.06.2021, the then President of the Punjab Labour Department Subordinate Service Association submitted a letter to respondent No.1 requesting to review the said Rules of 2005, but nothing was done. It is further the case of the petitioner that respondent No.1 issued a notification dated 06.07.2023 (Annexure P-6) notifying the Rules of 2023, whereby, the post of Statistical Officer is stipulated to be filled up by way of 100% direct recruitment. It is further the case of the petitioner that as per the old Rules, his next promotional post was Statistical Officer and by framing Rules of 2023 regarding filling up of the said post by way of 100% direct recruitment, the said opportunity has been taken away from him. 3. Learned counsel for the petitioner submits that the Rules of 2023 restricting the promotional avenue to the petitioner are totally illegal and thus, the same are required to be quashed by this Court. MAHAVIR SINGH 2025.05.13 10:15 I attest to the accuracy and authenticity of this order/ judgment CWP-12562-2025 (O&M) 3 of 4 4. We have heard learned counsel for the petitioner and have gone through the case file. 5. The only question that arises for consideration is whether the petitioner deserves any indulgence by this Court under its writ jurisdiction. 6. A perusal of Rules of 2005 makes it clear that earlier the post of Statistical Officer (Labour) was to be filled up by way of promotion of 100% basis from the Security Inspectors having an experience of working as such for a minimum period of 4 years and if suitable, Security Inspectors are not available, then amongst the field investigators for a minimum working experience of 8 years. However, as per the Rules of 2023, the said post is now to be filled up by way of 100% direct recruitment providing qualification for the said post as Master’s Degree in Economics or Mathematics or Commerce with Statistics as one of the papers of Master’s Degree in Statistics from a recognized university for an institution. 7. The Rules making authority has amended the Rules of 2005 by providing the avenue of direct recruitment prescribing a specific qualification for the same. It is in the domain of the Rules making/ administrative authorities to provide a specific qualification for appointment to a particular post by taking into consideration the requirements and the requisite criteria for the same. The only grouse of the petitioner is that by framing of Rules of 2023, his chances of further promotion have been taken away by the respondent-authorities. However, learned counsel for the petitioner is unable to point out as to how and in what manner the amended Rules are in contravention to any law. He could not point out as to on what grounds the present petition challenging the vires of the said Rules, is maintainable. MAHAVIR SINGH 2025.05.13 10:15 I attest to the accuracy and authenticity of this order/ judgment CWP-12562-2025 (O&M) 4 of 4 8. In view of the above, we do not find any ground made out in the petition, which requires interference. 9. Dismissed. 10. Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (ALOK JAIN) JUDGE May 05, 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.05.13 10:15 I attest to the accuracy and authenticity of this order/ judgment