CWP-30804-2025 (O&M) -1- 121 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-30804-2025 (O&M) Date of decision: 27.08.2026 CHANDAN GARG ..Petitioner Versus STATE OF PUNJAB AND ANR ..Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. B.S. Mittal, Advocate for the petitioner. Ms. Arundhati Kulshreshtha, AAG, Punjab. Mr. Aminder Singh, Advocate Mr. Nikhil Garg, Advocate for respondent No.3 to 7. SUDEEPTI SHARMA, J. (Oral) 1. The present writ petition has been filed under Article 226 of the Constitution of India for the issuance of a writ in the nature of Mandamus directing the respondents to promote the petitioner, who is working as Junior Engineer (Electrical) as Sub Divisional Engineer (SDE) against the total 4% (2% Diploma Holder and 2% Degree Holder) of their quota (12 seats) of the total sanctioned strength of 390 posts in the department. Further a writ in the nature of Certiorari for quashing impugned promotion order dated 16.07.2025. 2. Learned counsel for the petitioner contends that respondents while calculating the posts/quota for Diploma Holder and Degree Holder have not followed the Rules applicable to the petitioner. He further contends that promotions are made in contravention to the Rules vide order dated SAHIL 2026.09.01 09:48 I attest to the accuracy and authenticity of this order/judgment. CWP-30804-2025 (O&M) -2- 16.07.2025, which is also impugned in the present writ petition. He, therefore, prays that the present writ petition be allowed. 3. Per contra, learned counsel for official respondents contends that they held DPC as per amended Rules and not in contravention with the Rules. She further contends that no person junior to the petitioner is promoted till date. 4. Learned counsel for respondents No.3 to 7 contends that the promotions are made as per the Rules applicable to the petitioners, therefore, there is no contravention of the Rules. 5. I have heard learned counsel for the parties and perused the whole file of this case with their able assistance. 6. A perusal of the file shows that the petitioner previously also filed CWP-17377-2025 on the ground that petitioners are not considered for promotion to the post of Sub-Divisional Engineer. The writ petition was disposed of on the statement made by Assistant of concerned department that as and when decision for promotion to the post of Sub Divisional Engineer from the cadre of Junior Engineer (Electrical) would be taken by competent authorities, all eligible candidates from the cadre of JE (Electrical) would be considered keeping in view the number of vacancies and their eligibility as per rules governing the service. 7. As per the written statement filed by respondents No.1 and 2, before initiating the process and convening the Departmental Promotion Committee (DPC) for promotion to the post of Sub Divisional Engineer all eligible candidates were considered. 8 The relevant portion of the written statement is reproduced as under:- SAHIL 2026.09.01 09:48 I attest to the accuracy and authenticity of this order/judgment. CWP-30804-2025 (O&M) -3- “3. That in response to the averments made in the writ petition, it is most respectfully submitted that a separate seniority list for Junior Engineers (Electrical) was duly prepared and issued by the Department in compliance with the directions of this Hon'ble Court dated 14.06.2023. Thereafter, in the Departmental Promotion Committee (DPC) meeting held on 13.08.2024, the cases of Junior Engineers (Electrical) were duly included in the agenda on the basis of the said separate seniority list. 4. That However, during the course of the DPC proceedings, the Personnel Department and other members of the Committee raised an objection to the consideration of Junior Engineers (Electrical) for promotion on the ground that, at the relevant point of time, no distinct or earmarked promotion quota existed for the Electrical cadre under the then prevailing rules, namely The Punjab Water Resources Department (Engineering) Group 'A' Service Rules, 2023, notified on 21.04.2023. In the absence of a specific quota provision for the Electrical cadre under the said Rules, the DPC was legally constrained from considering their cases for promotion at that stage. 5. That subsequently, realizing the necessity of a structured and equitable cadre-wise distribution, the Department amended the aforesaid Rules and the Punjab Water Resources Department (Engineering) Group 'A' Service (First amendment) Rules 2025 were notified on 08.03.2025. By virtue of said amendment, the earlier 75% promotional quota provided in Appendix-B of the rule 2023 has been restructured by way of cadre-wise and qualification-wise distribution. Under the amended Rules, the said 75% promotional quota for appointment to the post of Sub Divisional Engineer has been bifurcated into separate components. SAHIL 2026.09.01 09:48 I attest to the accuracy and authenticity of this order/judgment. CWP-30804-2025 (O&M) -4- Out of the said 75% promotional quota, 50% is earmarked for Junior Engineers possessing a Degree, and within this degree- holder component, 2% is allocated to Junior Engineers of the Electrical cadre. Likewise, out of the same 75% promotional quota, 45% is earmarked for Junior Engineers possessing a Diploma, and within this diploma-holder component also, 2% is allocated to Junior Engineers of the Electrical cadre, as expressly provided under the amended Rules. 6. That thereafter Immediately upon notification of the amended Rules, the Department initiated the process for convening the Departmental Promotion Committee (DPC) to consider promotions to the post of Sub Divisional Engineer (SDE) from all eligible streams, including Civil, Mechanical, Draftsman, and Electrical cadres, strictly in accordance with the revised statutory framework. 7. That the Departmental Promotion Committee (DPC) meeting was convened on 16.07.2025 to consider filling up 113 posts of SDE/SDO available at that time. In strict adherence to the amended Rules, 25% of the total posts, i.e., 28 posts, were earmarked for direct recruitment, whereas 75%, i.e., 85 posts, were to be filled by way of promotion. 8. That the Out of the 85 promotion quota posts, the cadre-wise and qualification-wise distribution was meticulously calculated and applied as under: A. 37 posts for Degree holders (Civil & Mechanical), comprising 29 posts for Degree/AMIE (Civil) and 08 posts for Degree/AMIE (Mechanical). B. 40 posts for Diploma holders (Civil & Mechanical), comprising 32 posts for Diploma (Civil) and 08 posts for Diploma (Mechanical). SAHIL 2026.09.01 09:48 I attest to the accuracy and authenticity of this order/judgment. CWP-30804-2025 (O&M) -5- C. 04 posts reserved for the Draftsman cadre, against which 03 eligible candidates were available. D. 02 posts earmarked for Degree holders (Electrical), against which 02 eligible candidates were available. E. 02 posts earmarked for Diploma holders (Electrical), against which 02 eligible candidates were available. 9. That the cadre-wise allocation of all 85 promotional posts was strictly governed by and aligned with the amended statutory provisions, leaving no scope for deviation or arbitrary adjustment. 10. That it is respectfully submitted that the promotion order dated 25.07.2025, issued pursuant to the DPC held on 16.07.2025, has been passed strictly in accordance with the amended Rules and after due verification of cadre strength, sanctioned posts, applicable quota, and availability of eligible candidates in each stream. 11. That however No Junior Engineer from any cadre has been promoted in excess of or beyond the quota prescribed under the amended Rules. The promotions granted clearly reflect strict adherence to the cadre-wise and qualification-wise distribution as mandated. Insofar as the Electrical cadre is concerned, and in accordance with the separate seniority list, two Junior Engineers possessing Degree qualifications and two Junior Engineers possessing Diploma qualifications have been promoted against the four posts specifically earmarked for the Electrical cadre. The quota allocated to the Electrical stream has thus been fully and correctly exhausted in conformity with the statutory provisions. 12. That It is emphatically denied that any eligible candidate has been ignored or superseded contrary to the Rules, or that any Junior Engineer from Civil or Mechanical branches has been adjusted against the Electrical quota. The allegation that promotions have SAHIL 2026.09.01 09:48 I attest to the accuracy and authenticity of this order/judgment. CWP-30804-2025 (O&M) -6- been made beyond the prescribed quota is wholly unfounded and contrary to the factual and legal position on record. 13. That it is respectfully submitted that an appointment to any post, whether by direct recruitment or by promotion, is governed by the Statutory Rules in force at the relevant time. Such appointments are determined with reference to the vacancies available in the post and not the total sanctioned strength of the cadre. Accordingly, the quota prescribed for promotion under the Statutory Rules is to be applied to the vacancies arising in that cadre and not to its total strength. In the present matter, the applicable statutory service rules such as Punjab Water Resources Department (Engineering) Group 'A' Service Rules, 2023 and Punjab Water Resources Department (Engineering) Group 'A' Service (First Amendment) Rules, 2025, prescribe distinct quotas for promotion to the post of Sub- Divisional Engineer from the cadres of Junior Engineer (Civil), Junior Engineer (Mechanical), and Junior Engineer (Electrical). These quotas are required to be applied strictly in accordance with the Punjab Government Department of Water Resources (Class-A) Rules, 2023 and Punjab Water Resources Department (Engineering) Group 'A' Service (First Amendment) Rules, 2025, as in force at the relevant time, and are to operate with reference to the vacancies available in the cadre of Sub- Divisional Engineers. Accordingly, the promotional entitlement of each feeder cadre must be determined by applying the prescribed quota to the existing vacancies in the post of Sub-Divisional Engineer, and not with reference to the total sanctioned strength of that cadre. It is worth to mention here that the aforesaid statutory rules are prospective in nature and cannot be applied to the SAHIL 2026.09.01 09:48 I attest to the accuracy and authenticity of this order/judgment. CWP-30804-2025 (O&M) -7- total sanctioned strength of the Sub-Divisional Engineers, which would include appointments made prior to the coming into force of the said rules. xx xx xx xx xx xx xx xx 27. That the contents of Para No. 27 are wrong, misconceived and denied. It is submitted that the petitioner has erroneously calculated the promotional quota by taking into account the total cadre strength, including deputation posts, which is impermissible in law. The promotional entitlement of each feeder cadre is required to be determined strictly in accordance with the statutory Rules by applying the prescribed quota to the existing and available vacancies in the cadre of Sub- Divisional Engineer, and not on the basis of the total sanctioned or notional cadre strength. It is further submitted that deputation posts in Bhakra Beas Management Board (BBMB) and Punjab Water Resources Management and Development Corporation (PWRMDC) do not automatically constitute promotable vacancies under the Rules and cannot be mechanically added for the purpose of calculating promotional quota. It is also submitted that the Punjab Water Resources Department (Engineering) Group 'A' Service Rules, 2023 and the Punjab Water Resources Department (Engineering) Group 'A' Service (First Amendment) Rules, 2025 are prospective in operation and cannot be applied retrospectively so as to reopen or recalculate promotions already made or to apply the amended quota to the total sanctioned strength, including appointments made prior to the coming into force of the said Rules. Consequently, the petitioner's calculation of 12 seats for Junior Engineers of the Electrical cadre is legally untenable and liable to be rejected.” SAHIL 2026.09.01 09:48 I attest to the accuracy and authenticity of this order/judgment. CWP-30804-2025 (O&M) -8- 9. A perusal of the above shows that the respondents have followed the Rules as are applicable to the petitioner and there is nothing on record to show that the promotions are made in contravention of Rules. Therefore, in view of the stand taken by the respondents in the written statement, I do not find any merit in the present writ petition. 10. The further prayer of the petitioner is for quashing of promotion order dated 16.07.2025. 11. A perusal of case file shows that the petitioner has not impleaded the persons, who are promoted vide order dated 16.07.2025. 12. The Hon’ble Supreme in Udit Narain Singh Malpaharia Vs. Additional Member Board of Revenue, Bihar and another, 1963 AIR Supreme Court 786, has held that a necessary party is one without whom no order can be made effective. The petition would not be maintainable if the persons in whose favour impugned order is passed are not joined as party. 13. In view of the law laid down by Hon’ble Supreme Court in above referred to judgment, the present writ petition is dismissed for non- impleadment of necessary party. 14. Accordingly, the present writ petition is dismissed being devoid of any merit as well as for non-impleadment of necessary party. 15. All the pending miscellaneous applications, if any, are also disposed of. August 27th, 2026 (SUDEEPTI SHARMA) Ayub/Sahil JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SAHIL 2026.09.01 09:48 I attest to the accuracy and authenticity of this order/judgment.