Promotion Cannot Be Denied to Existing Employees Due to Qualification Bar Under Amended Rules: Punjab & Haryana HC Grants Notional Promotion
Case Name: Kulwant Singh v. State of Punjab and Others
Date of Judgment: 27.03.2026
Citation: CWP-5302-2026
Bench: Justice Harpreet Singh Brar
Held: The Punjab & Haryana High Court held that employees already in service prior to the 2020 Amendment Rules are entitled to be considered for promotion notwithstanding the prescribed educational qualification. Denial of promotion on the ground of invalid diploma was held unsustainable. The Court further emphasized that timely conduct of DPCs is mandatory and employees cannot suffer due to administrative delay.
Summary: The petitioner sought a writ directing the respondents to promote him to the post of Assistant Corporation Engineer (O&M) (Civil) and to convene a Departmental Promotion Committee (DPC), as multiple posts were lying vacant.
The petitioner was appointed as a Tubewell Driver in 1995, later promoted to Junior Engineer (O&M) (Civil) in 2017, and confirmed in 2018. He was placed at Serial No. 2 in the seniority list, and upon completion of seven years of service on 02.01.2024, became eligible for promotion under the Punjab Municipal Corporation Services (Amendment) Rules, 2020.
The grievance of the petitioner was that despite fulfilling eligibility conditions and despite vacancies, his case was not considered by the DPC. He also argued that similarly situated employees in other streams had been promoted and that DPCs are required to be held regularly.
The State opposed the petition on the ground that the petitioner’s diploma in Civil Engineering was obtained through part-time/distance mode and was therefore not valid. It was further contended that DPC meetings are held based on departmental requirements and that the petitioner’s case was not placed before the DPC due to ineligibility.
The Court examined the 2020 Amendment Rules and particularly the proviso which allowed existing employees to be considered for promotion even without fulfilling the educational qualification requirement. It observed that the petitioner was already working as Junior Engineer when the amendment came into force and therefore fell within the protective ambit of the proviso.
The Court also emphasized the settled legal position that DPCs must be conducted regularly and that delay in holding DPCs violates Articles 14 and 16 by depriving employees of timely consideration for promotion.
Decision: The High Court allowed the writ petition and held that the respondents had misinterpreted the 2020 Amendment Rules in denying promotion to the petitioner. It directed the authorities to grant notional promotion to the petitioner to the post of Assistant Corporation Engineer (O&M) (Civil) with effect from 02.01.2024, the date on which he completed the required service. All consequential benefits were also ordered to be extended.
The Court further directed the respondents to convene a DPC within three weeks to fill remaining vacancies and mandated that DPCs must be conducted quarterly in compliance with the Government instructions dated 08.05.2017. It reiterated that employees cannot be made to suffer due to administrative lapses in holding DPC meetings.