Himachal Pradesh High Court
Date Of Decision: 29.12.2025 vs State Of Himachal Pradesh And Another on 29 December, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
2025:HHC:38425
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Civil Writ Petition No.17727 of 2025
Date of Decision: 29.12.2025
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_____________________________________________________________________
Dharam Chand Sharma .........Petitioner
Versus
State of Himachal Pradesh and Another .......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
of
Whether approved for reporting? Yes.
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For the Petitioner: Mr. Hamender Singh Chandel, Advocate.
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For the Respondents: Mr. Rajan Kahol, Additional Advocate General,
with Mr. Ravi Chauhan and Mr. Anish
Banshtu, Deputy Advocates General, for State.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
By way of instant petition, petitioner has prayed for following main reliefs:
"(i) That the Respondent Department may be directed to immediately convene DPC as per the seniority list (Annexure P-2) and order promotion of the petitioner if found eligible.
(ii) That in case during the pendency of the writ petition the DPC for promotion to the post of Executive Engineer is convened by ignoring the petitioner, the same may be held illegal qua the petitioner and directions may be issued to the Department for convening of review DPC.
(iii) That in case the petitioner is retired from service during the pendency of the Writ Petition the Department may be directed to consider the petitioner for promotion to the post of Executive Engineer from due date with all consequential benefits."::: Downloaded on - 29/12/2025 20:32:50 :::CIS
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2. Precisely, the grouse of the petitioner, who at present is working as Assistant Engineer in the Public Works Department, is that .
in terms of Recruitment & Promotion Rules, framed by the respondent-department, for promotion to the post of Executive Engineer, he ought to have been considered for promotion to the post of Executive Engineer, in its meeting held on 30.10.2025 and of 04.11.2025, but yet for wholly unjustifiable reasons, his case has been kept in abeyance on the ground that till the time persons senior to him rt do not complete eight years of regular service as Assistant Engineer, petitioner herein cannot be promoted.
3. Mr. Hamender Singh Chandel, learned counsel representing the petitioner, while making this Court peruse Recruitment & Promotion Rules (Annexure P-1) framed by the respondent-department for promotion to the post of Executive Engineer, submitted that 30% of post of Executive Engineer under promotion quota are to be filled up from amongst the Diploma Holder Assistant Engineers (Civil) with five years of regular service or regular combined with continuous ad hoc service rendered, if any, in the grade, failing which by promotion from amongst the Degree Holder Assistant Engineers (Civil) with five years regular service or regular combined with continuous ad hoc service rendered, if any, in the grade and vice versa. He submitted that since petitioner herein has already ::: Downloaded on - 29/12/2025 20:32:50 :::CIS 2025:HHC:38425 -3- completed more than eight years of regular service, coupled with the fact that he has also qualified the departmental examination, he .
deserves to be considered for promotion to the post of Executive Engineer, especially when process for effecting notional promotion to the post of Executive Engineer was initiated by the department. He also invited attention of this Court to Rule 11 Sub-Clause (1) (available of at page No.20 of the paper-book), to state that in all cases of promotion, the continuous ad hoc service rendered in the feeder post, rt if any, prior to regular appointment to the post shall be taken into account towards the length of service as prescribed in Rules for promotion, subject to the condition that the ad hoc appointment/promotion in the feeder category had been made after following proper process of selection in accordance with the provisions of Recruitment & Promotion Rules. He submitted that in case a junior person becomes eligible for consideration by virtue of his total length of service including the service rendered on ad hoc basis, followed by regular service/appointment in the feeder post, all persons senior to him in respective category/post/cadre shall be deemed to be eligible for consideration and placed above the junior person in the field of consideration. He submitted that since it is not in dispute that all the persons senior to the petitioner have already completed more than three years of regular service against the post of Assistant Engineer, ::: Downloaded on - 29/12/2025 20:32:50 :::CIS 2025:HHC:38425 -4- they can also be considered for promotion to the post of Executive Engineer, but certainly in that process, they will be placed above the .
petitioner.
4. While inviting attention of this Court to the seniority list of Diploma Holder Assistant Engineers in HPPWD, circulated on 29.10.2025, Mr. Chandel, learned counsel representing the petitioner, of submitted that in terms of judgment passed by the Hon'ble Apex Court in R.K. Sabharwal's case and Ajit Singh's case, petitioner has been rt already placed at the bottom despite his having rendered more than eight years of regular service. He submitted that though petitioner belongs to the batch of 2016, but yet persons belonging to the batch of 2018 have been made senior, but qua such fact, petitioner cannot have any grouse for the reason that such exercise has been carried out strictly in terms of the judgment passed by the Hon'ble Apex Court in R.K. Sabharwal's case and Ajit Singh's case. He submitted that petitioner, who is otherwise due to retire on 31.12.2025, cannot be denied promotion on the ground that persons senior to him are yet to complete eight years of regular service, especially when Recruitment & Promotion Rules clearly provide that in the event, a junior person become eligible for promotion in terms of Recruitment & Promotion Rules, person(s) senior to him shall also be eligible after their having rendered three years of regular service.
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5. Pursuant to notices issued in the instant proceedings, respondent-State has filed reply, wherein facts, as have been taken .
note hereinabove, have not been disputed, rather an attempt has been made to refute the claim of the petitioner on the ground that persons senior to the petitioner are to be considered for promotion to the post of Executive Engineer at first instance, but since at present, they are of not eligible on account of their having not completed eight years of regular service, they cannot be promoted. Mr. Rajan Kahol, learned rt Additional Advocate General, submitted that as and when persons senior to the petitioner complete eight years of regular service, case of the petitioner for promotion shall be considered.
6. Having heard learned counsel representing the parties and perused material available on record, this Court finds that there is no dispute that at present, there are six persons, who are senior to the petitioner in the cadre of Diploma Holder Assistant Engineers. It is also not in dispute that though petitioner herein was regularised as Assistant Engineer in the year 2016, but yet persons namely Mr. Dinesh Kumar, Mr. Hitesh Kumar, Mr. Vijay Kumar Chauhan, Mr. Surya Kant Samwal, Mr. Rattan Singh and Mr. Achhar Singh, who were regularised in the year 2018 have been placed higher in the seniority list than the petitioner, taking note of principle of catch-up laid down by the Hon'ble Apex Court in Ajit Singh's case.
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7. Though reply filed by respondents reveals that process for promotion to the post of Executive Engineer under 30% quota meant .
for diploma holders was initiated, but same could not be taken to its logical end for the reason that six persons, who are senior to the petitioner in seniority list, have not completed minimum period of eight years, required for promotion to the post of Executive Engineer.
of Though as per reply filed by the respondents, six persons, named hereinabove, shall become eligible for promotion to the post of rt Executive Engineer in the year 2026, but having carefully perused Recruitment & Promotion Rules for the post of Executive Engineers (Civil) Class-I (Gazetted) in the Department of Himachal Pradesh Public Works Department (Annexure P-1), this Court finds that person having five years of regular service or regular combined with continuous ad hoc service rendered, if any, in the grade (subsequently amended as eight years vide notification dated 30.09.2013), shall be eligible for promotion, but proviso to aforesaid provision clearly provides that in case a junior person becomes eligible for consideration by virtue of his total length of service including the service rendered on ad hoc basis, followed by regular service/appointment in the feeder post, all persons senior to him in respective category/post/cadre shall be deemed to be eligible for consideration and placed above the junior person in the field of consideration. In such scenario, further provision ::: Downloaded on - 29/12/2025 20:32:50 :::CIS 2025:HHC:38425 -7- has been made that all incumbents to be considered for promotion shall possess the minimum qualifying service of at least three years or .
that prescribed in the Recruitment & Promotion Rules for the post, whichever is less.
8. Since in the case at hand, six persons shown senior in the seniority list of Assistant Engineer have already rendered more than of three years of regular service in the cadre of Assistant Engineer, they are also required to be considered for promotion. At this stage, it rt would be apt to take note of following extract of Recruitment & Promotion Rules, which read as under:
"11. In case of recruitment by promotion, deputation, transfer, grade from which promotion/deputation/transfer is to be made.--
(i) 70% by promotion from amongst the Degree Holder Assistant Engineers (Civil) with 05 years regular service or regular combined with continuous adhoc service rendered, if any, in the grade failing which by promotion from amongst the Diploma Holder Assistant Engineers (Civil) with 05 years regular service or regular combined with continuous adhoc service rendered, if any, in the grade and vice versa.
(ii) 30% by promotion from amongst the Diploma Holder Assistant Engineers (Civil) with 05 years regular service or regular combined with continuous adhoc service rendered, if any, in the grade failing which by promotion from the amongst the Degree Holder Assistant Engineers (Civil) with five years regular service or regular combined with continuous adhoc service rendered, if any, in the grade and vice versa.
(iii) Failing both above on secondment basis from amongst the incumbents of this post working in the identical pay scale from other H.P. Government Departments.::: Downloaded on - 29/12/2025 20:32:50 :::CIS
2025:HHC:38425 -8- Provided that for filling up the posts in the cadre of Executive Engineer (Civil), the following 10 points post based roster shall be followed:--
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1st post Graduate A.E.
2nd post Graduate A.E.
3rd post Diploma A.E.
4th post Graduate A.E.
5th post Graduate A.E.
6th post Diploma A.E.
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7th post Graduate A.E.
8th post Graduate A.E.
9th post Diploma A.E.
10th post Graduate A.E.
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NOTE.-This roster shall be repeated after every 10th point. The point shall be filled up by the category which vacates the point, if otherwise eligible.
(1) Provided that for the purpose of promotion every employee shall have to serve at lease one term in the Tribal/Difficult areas subject to adequate number of post(s) available in such areas:-
Provided further that the proviso (1) supra shall not be applicable to the case of those employees who have five years or less service, left for superannuation:
Provided further that Officer/Officials who have not served at least one tenure in Tribal/Difficult areas shall be transferred to such areas strictly in accordance with his/her seniority in the respective cadre.
Explanation-1.- For the purpose of proviso 1 supra the "term" in Tribal/Difficult areas shall mean normally three years or less period of posting in such areas keeping in view the administrative requirements and performance of the employee.
Explanation-II.- For the purpose of proviso I supra the Tribal/Difficult areas shall be as under:
1. District Lahaul & Spiti.
2. Pangi and Bharmour Sub Division of Chamba District.
3. Dodra Kwar Area of Rohru Sub Division.::: Downloaded on - 29/12/2025 20:32:50 :::CIS
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4. Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat, Gram Panchayats of Rampur Tehsil of District Shimla.
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5. Pandrah Bis Pargana of Kullu District.
6. Bara Bhangal Areas of Baijnath Sub Division of Kangra District.
7. District Kinnaur.
8. Kathwar and Dorga Patwar Circles of Kamrau Sub Tehsil, Bhaladh and Sangna Patwar Circles of Renukaji Tehsil of and Kota Pab Patwar Circles of Shillai tehsil in Sirmour District.
9. Khanyol-Bagra patwar Circle of Karsog Tehsil, Gada- Gussaini, Mathyani, Ghanyar, Thachi, Baggi, Somgad and rt Kholanal of Bali-Chowki Sub Tehsil, Jharwar, Graman, Devgarh, Trailla, Ropa, Kathog, Shilh-Badhwani, Kutgarh, Hastpur, Ghamrehar and Bhatehr Patwar Circle of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach-Bagra, ‹ North Magru and Sought Magru Patwar Circles of Thunag Tehsil and Batwara Patwar Circle of Sunder Nagar Tehsil in Mandi District.
(1) In all cases of promotion, the continuous adhoc service rendered in the feeder post, if any, prior to regular appointment to the post shall be taken into account towards the length of service as prescribed in these rules for promotion subject to the condition that the adhoc appointment/promotion in the feeder category had been made after following proper acceptable process of selection in accordance with the provisions of R&P Rules;
Provided that in all cases where a junior person becomes eligible for consideration by virtue of his total length of service including the service rendered on adhoc basis, followed by regular service/appointment in the feeder post in view of the provision referred to above, all persons senior to him in respective category/post/cadre shall be deemed to be eligible for consideration and placed above the junior person in the field of consideration;
::: Downloaded on - 29/12/2025 20:32:50 :::CIS2025:HHC:38425 -10- Provided that all incumbents to be considered for promotion shall possess the minimum qualifying service of at least 3 years or that prescribed in the R&P Rules for the post, whichever is less.
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Provided further that where a person becomes ineligible to be considered for promotion on account of the requirements of the preceding proviso, the person(s) junior to him shall also deemed to be ineligible for consideration for such promotion.
EXPLANATION.-The last proviso shall not render the junior incumbents ineligible for consideration for promotion if the senior of ineligible persons happened to be ex-servicemen recruited under the provision of Rule-3 of Demobilized Armed Forces Personnel (Reservation of vacancies in Himachal State Non-Technical Services) Rules, 1972 and having been given the benefit of seniority thereunder rt or recruited under the provision of Rule-3 of Ex-Servicemen (Reservation of vacancies in Himachal Pradesh Technical Services) Rules, 1985 and having been given the benefit of seniority thereunder."
9. Having carefully perused aforesaid Rule, this Court is persuaded to agree with learned counsel representing the petitioner that for carrying out promotion of the petitioner to the post of Executive Engineer on account of his having rendered more than eight years of regular service in the cadre of Assistant Engineer, respondents are not required to wait for senior persons to complete eight years, as has been claimed in the reply, rather persons senior to the petitioner are also required to be considered for promotion to the post of Executive Engineer, after their having completed three years of regular service in the cadre of Assistant Engineer, which admittedly they have already completed.
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10. Since petitioner is due to retire on 31.12.2025, coupled with the fact that as per settled law, he cannot claim promotion after .
his retirement, this Court finds merit in the present petition and accordingly the same is allowed. Respondents are directed to ensure that DPC proceedings, initiated on 03.10.2025 and 04.11.2025 for promotion to the post of Executive Engineer qua the quota of Diploma of Holders, are taken to its logical end on or before 31.12.2025, so that no prejudice is caused to the petitioner, who otherwise had become rt eligible for promotion to the post of Executive Engineer two years back.
11. The present petition is disposed of in the above terms, so also the pending miscellaneous application(s), if any.
List for compliance on 07.01.2026.
December 29, 2025 (Sandeep Sharma),
Judge
(Rajeev Raturi)
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