HC directs PWD to complete DPC before engineer’s retirement
Shimla, Dec 29: The Himachal Pradesh High Court has directed the Public Works Department (PWD) to complete the pending Departmental Promotion Committee (DPC) process for promotion to the post of Executive Engineer before December 31, 2025, granting relief to Assistant Engineer Dharam Chand Sharma, who is due to retire on the same day.
Allowing Civil Writ Petition No. 17727 of 2025, Justice Sandeep Sharma held that the department erred in keeping the petitioner’s case in abeyance merely because officers senior to him had not completed eight years of regular service. The court clarified that under the Recruitment and Promotion (R&P) Rules, once a junior officer becomes eligible for promotion, seniors who have completed the minimum qualifying service of three years must also be considered and placed above the junior in the field of consideration.
The petitioner, a Diploma Holder Assistant Engineer in the PWD, contended that he had completed more than eight years of regular service and had also cleared the departmental examination, making him eligible for promotion under the 30 per cent quota meant for diploma holders. However, his case was not considered in the DPC meetings held on October 30 and November 4, 2025, on the ground that six officers senior to him were yet to complete the prescribed length of service.
The State argued that the petitioner’s promotion could be considered only after the seniors completed eight years of service. The High Court rejected this stand, observing that the R&P Rules clearly provide that seniors become eligible once they have completed three years of regular service if a junior has already attained eligibility.
Noting that the petitioner had become eligible for promotion nearly two years ago and was on the verge of retirement, the court directed the PWD to ensure that the DPC proceedings initiated in October–November 2025 are taken to their logical conclusion on or before December 31, 2025, so that no prejudice is caused to him.
The matter has been listed for compliance on January 7, 2026.
