Punjab and Haryana High Court grants post-retirement promotion to engineer

Tribune News Service

Saurabh Malik

Chandigarh, June 30

When Anurag Mahajan expressed his unwillingness for being considered for promotion as Chief Engineer following the critical health condition of his aged parents, little did he know that his decision would lead to a protracted legal battle culminating in a significant judgment by the Punjab and Haryana High Court giving exceptional post-retirement relief.

Taking up his petition against the state of Punjab and other respondents, Justice Aman Chaudhary of the high court directed his promotion in case he was found entitled and apt and there was no other obstacle in considering him for the post. The Bench made it clear that the promotion would be on a notional basis from the date his juniors were promoted.

Justice Chaudhary also overturned an order passed in December last year, whereby his “superior claim” for promotion was rejected. The directions came notwithstanding the fact that Mahajan had retired upon attaining the age of superannuation on March 31.

Appearing before Justice Chaudhary’s Bench, Mahajan’s counsel Dhiraj Chawla contended the petitioner was appointed as Assistant Corporation Engineer in June 1999 before being promoted as Superintending Engineer in January 2016.

He submitted his unwillingness “on account of critical health condition of his aged parents staying with him,” while he was being considered for promotion as the Chief Engineer, following which he was debarred from further promotion for two years vide order dated December 10, 2018.

Chawla told the Bench that the order was to remain in force till December 9, 2020. But the departmental promotion committee was constituted on September 29, 2020, and persons junior to him were recommended for promotion. The petitioner was up for consideration for promotion after the period had elapsed. “But no reason has come forth for the DPC not having been convened between 2020 and 2024”.

After going through the documents and hearing the arguments, Justice Chaudhary among other things asserted the state counsel had not been able to controvert the factual position or cite any contrary law despite best efforts.

“In case there is no other impediment in consideration of the petitioner, he, if found eligible and suitable, be promoted albeit on notional basis from the date that of his juniors. Needful be done within a period of three months,” Justice Chaudhary concluded.

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