Punjab & Haryana High Court Grants Retrospective Promotion to Health Department Officers; Quashes Reservation-Based Denial as Ultra Vires

Case Name: Om Prakash & Another v. State of Haryana & Others
Date of Judgment: November 4, 2025
Citation: CWP-8683-2016
Bench: Hon’ble Mr. Justice Sandeep Moudgil

Held: The Punjab & Haryana High Court allowed the writ petition filed by Om Prakash and another, holding that the Haryana Health Department acted illegally in denying them promotion to the posts of Deputy Superintendent and Superintendent while extending reservation benefits to juniors without any statutory basis. Justice Sandeep Moudgil ruled that in the absence of a specific amendment to the Haryana Health Department Service Rules, reservation in promotion could not be enforced merely through executive orders or judicial references. The Court declared such promotions granted to juniors ultra vires and violative of Articles 14 and 16 of the Constitution, emphasizing that equality of opportunity cannot be overridden by administrative interpretation.

Summary: The petitioners, senior employees in the Haryana Health Department, challenged the promotion of their juniors under Scheduled Caste reservation categories for posts of Deputy Superintendent (2010) and Superintendent (2013). They contended that the applicable 1997 and 1982 Service Rules contained no provision for reservation in promotion, and no statutory amendment was made. The Department defended its decision by citing judicial precedents recognizing reservation under Articles 16(4A) and 16(4B). The Court, however, held that judicial pronouncements cannot substitute for statutory amendments and that reservation in promotion requires quantifiable data and explicit rule-based authorization as laid down in M. Nagaraj v. Union of India (2006) and Jarnail Singh v. Lachhmi Narain Gupta (2018). Relying on Union of India v. Hemraj Singh Chauhan (2010), the Court reaffirmed that the right to be considered for promotion is part of the constitutional guarantee under Article 16 and that overlooking seniority without legal authority violates fairness and natural justice.

Decision: Allowing the petition, the High Court directed the State to grant the petitioners retrospective promotion to the posts of Deputy Superintendent and Superintendent with consequential benefits including seniority, pay fixation, and arrears. The Court reiterated that reservation in promotion cannot be applied without statutory backing and that fairness in service promotion is integral to the constitutional fabric.