The Punjab and Haryana High Court has recently observed that the right to be considered for promotion is a fundamental right [Kulwant Singh vs State of Punjab]
Justice Harpreet Singh Brar directed that Departmental Promotion Committee (DPC) meetings, which decide promotions of government employees, must be held every three months to ensure timely career progression.
“Right to be considered for promotion is a fundamental right under Article 14 and 16(1) of the Constitution. Delay in convening the DPC not only causes financial loss to the concerned officers on account of delayed promotion to the next higher grade, but also adversely impacts their future career progression, as it correspondingly postpones their eligibility for further advancement,” the Court said in its order passed on March 27.
The Court made this observation while allowing a plea filed by a junior engineer with the Municipal Corporation of Amritsar who sought promotion to the post of Assistant Corporation Engineer.
The petitioner told the High Court that he was eligible for promotion as he had completed seven years of service as a junior engineer. He also submitted he held a diploma in civil engineering issued by the Punjab State Board of Technical Education and Industrial Training.
He argued that his case was not considered at the DPC held on January 28, 2025, despite several posts being vacant.
However, the State opposed the plea. It argued that the petitioner was not eligible as his diploma was obtained through part-time mode and was not valid.
The Court rejected this argument. It said the rules protect existing employees and allow them to be considered for promotion even if they do not meet certain qualification requirements.
“This Court is of the considered view that the petitioner squarely falls within the ambit of the aforesaid proviso, since he was already working as a Junior Engineer (O&M) (Civil) at the time the 2020 Amendment Rules came into force. Consequently, even if the petitioner’s diploma obtained through part- time/distance mode is neither valid nor recognized, the same is not a prerequisite for his consideration for promotion to the post of Assistant Corporation Engineer (O&M) (Civil). Admittedly, the petitioner completed seven years of service as a Junior Engineer on 02.01.2024 and was, therefore, fully eligible for promotion in terms of the 2020 Amendment Rules,” the Court held.
The Court thus allowed the plea and directed the State to give the petitioner notional promotion to the post of Assistant Corporation Engineer, along with all benefits from the date he became eligible.
It also said there was nothing on record to show that he was not eligible for promotion and asked the authorities to pass the necessary order within three weeks.
Advocate Abhishek Singla appeared for the petitioner.
DAG Vikas Arora appeared for State of Punjab.
Advocate Sanju Wadhwa appeared for another respondent.
[Read Order]