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Quota in promotion without rule change illegal, rules Punjab and Haryana HC

Nine-year wait ends as court orders retrospective promotions for two Haryana Health Dept clerks

The dispute began when several junior SC employees were promoted to Deputy Superintendent on September 21, 2010, and later to Superintendent in 2013, by applying reservation.The dispute began when several junior SC employees were promoted to Deputy Superintendent on September 21, 2010, and later to Superintendent in 2013, by applying reservation.

The Punjab and Haryana High Court Tuesday set aside promotions granted by the Haryana Health Department in 2010 and 2013 after applying reservation for Scheduled Caste employees without amending service rules, and ordered that two senior clerks be granted retrospective promotion with full consequential benefits.

Justice Sandeep Moudgil, in a nine-page judgment pronounced on November 4, held that the State could not introduce reservation in promotions through administrative instructions when the relevant service rules under the Haryana Health Department Subordinate Offices Ministerial Staff (Group-C) Service Rules, 1997 and Group-B Service Rules, 1982 contained no such provision.

The court said the petitioners, Om Prakash and another, were entitled to promotion to Deputy Superintendent with effect from September 21, 2010, and to Superintendent with effect from May 31, 2013, along with seniority, pay fixation and arrears.

The dispute began when several junior SC employees were promoted to Deputy Superintendent on September 21, 2010, and later to Superintendent in 2013, by applying reservation. The petitioners, who were senior and eligible, were bypassed and their representations over the years were ignored. They approached the court in 2016. The case was reserved for orders on October 14, 2025.

Justice Moudgil observed that Article 16(4A), which permits reservation in promotion, is only an enabling provision and can be invoked only after the state conducts an exercise to collect quantifiable data on backwardness and inadequate representation, and after it amends the service rules under Article 309. The court noted that neither requirement had been met.

“Judicial pronouncements are interpretative tools, not vehicles of amendment,” the court said, rejecting the state’s reliance on Supreme Court rulings such as M. Nagaraj and Jarnail Singh to justify the promotions.

The court reiterated that executive instructions cannot override statutory rules, and cited Union of India v. Hemraj Singh Chauhan to conclude that denying promotion to seniors while elevating juniors violates Articles 14 and 16 of the Constitution.

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“No employee shall suffer because of an authority’s misapplication of law,” the court said, adding that the state cannot benefit from its own error.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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