Research › Search › Judgment

High Court of Punjab and Haryana · body

2026 DAILYLAW 28259 (PNJ)

PUNJAB WATER RESOURCES MANAGEMENT AND DEVELOPMENT CORPORATION LTD AND ANOTHER v. HARCHARAN SINGH AND OTHERS

LPA/1733/2026 · 2026-07-06

Amarinder Singh Grewal, Harsimran Singh Sethi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

LPA-1733-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 116 CM-4225-LPA-2026, CM-4226-LPA-2026 in/and LPA-1733-2026 (O&M) Date of Decision :06.07.2026 PUNJAB WATER RESOURCES MANAGEMENT AND DEVELOPMENT CORPORATION LTD ...Appellant Versus HARCHARAN SINGH AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr. Himmat Singh, Advocate for the appellant. * * * Harsimran Singh Sethi, J. (Oral) CM-4225-LPA-2026 The prayer in the present application is for condonation of delay of 212 days in filing the present appeal (LPA-1733-2026). Keeping in view the averments enumerated in the application, which are duly supported by an affidavit, the same is allowed. Consequently, the delay of 212 days in filing the present appeal (LPA-1733- 2026) is condoned. LPA-1733-2026 1. In the present appeal, the challenge is to the order dated 29.09.2025 passed by learned Single Judge, vide which, the writ petition bearing CWP No. 8315 of 2018 passed by the respondents has been disposed of with a certain directions including that the appellants must create supernumerary posts for three categories who were promoted on the strength of their diplomas and place the concerned employees in a separate dying cadre. RIYA 2026.07.10 11:52 I attest to the accuracy and integrity of this document LPA-1733-2026 (O&M) -2- 2. Learned counsel for the appellants very fairly submits that a similar issue regarding the review of promotions came up for consideration before this Court in LPA No. 732 of 2026 titled as ‘State of Punjab and another versus Sukhdarshan Singh and others’, wherein it was held that, in the absence of any statutory rule, no order of reversion can be passed with retrospective effect after retirement of such officers especially when there is no master and servant relationship on the date of passing of order of reversion. Learned counsel for the appellants submits that the case of respondents No. 2 and 3 is covered by the said judgment. 3. Keeping in view the above, the present appeal, qua respondents No. 2 and 3 stands dismissed. 4. Learned counsel for the appellants further submits that in the case of respondent No. 1, the order withdrawing his promotion was passed while he was in service. However, as a matter of fact, he had continued in service on the promoted post upto the date of his retirement, which was approximately two months away of the order of reversion was passed, and he ultimately retired in the year 2018. Though, the order of reversion was passed during his service tenure, respondent No. 1 continued to discharge his duties on the promoted post of Junior Engineer (Civil) till his retirement. In these circumstances, the direction issued by the learned Single Judge to allow respondent No. 1 to retain the benefits of the promotional post for all intents and purposes needs no interference at the hands of this Court. Hence, no ground is made out for any interference by this Court in the facts and circumstances of the present case even qua respondent No. 1. 5. Accordingly, the present appeal is dismissed. 6. Pending civil miscellaneous application(s), if any, stand disposed of. (HARSIMRAN SINGH SETHI) JUDGE (AMARINDER SINGH GREWAL) JUDGE July 06, 2026 Riya Whether speaking/reasoned :Yes Whether reportable : No RIYA 2026.07.10 11:52 I attest to the accuracy and integrity of this document