'Public Interest is Not a Magic Word': HP High Court Quashes PWD Engineer-in-Chief's Extension
The Himachal Pradesh High Court has voided the service extension of PWD Engineer-in-Chief Narinder Pal Singh, calling the move illegal and arbitrary.
The Himachal Pradesh High Court has delivered a stinging blow to the state government, quashing the six-month service extension granted to the Public Works Department (PWD) Engineer-in-Chief, Narinder Pal Singh. Terming the government's decision as "illegal, arbitrary and void ab initio," the court has ordered the incumbent to relinquish his charge immediately.
Court Slams 'Arbitrary' Extension
The ruling came from a Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma. The court was hearing a petition filed by senior Chief Engineer Narinder Paul Singh Chauhan, who challenged the extension granted to the incumbent just two days before his scheduled retirement on April 30, 2026.
The Bench set aside the state government’s notification dated April 28, 2026, noting that the decision lacked adequate justification under the existing service rules. In a pointed observation, the court remarked that “public interest is not a magic word” that can automatically validate any government decision without supporting evidence.
A Process 'Scuttled' by Design
The court uncovered a troubling sequence of events that suggested the promotion process for a successor was intentionally derailed to favor the incumbent. According to the records:
- The Department of Personnel had already started the process to fill the Engineer-in-Chief post before the retirement date.
- A Screening Committee had been formed, eligible Chief Engineers were identified, and a memorandum for promotion was ready.
- A meeting scheduled for April 9 was postponed because the Secretary (Personnel) was on tour.
- While the file was with the Chief Secretary for a new date, a parallel process was triggered via the Chief Minister’s office to grant a six-month extension.
Once the extension was approved on April 28, the government abruptly closed the promotion proceedings, claiming that there was no longer a vacancy available. The Bench observed that the promotion process was "scuttled" without any plausible or justifiable reason.
Failure to Meet Legal Criteria
Under the applicable service rules, an extension beyond superannuation is only permissible if it is in the public interest and meets one of two strict conditions:
- Other officers are not sufficiently prepared to take over the responsibilities.
- The retiring officer possesses outstanding merit that warrants their continuation.
The High Court found that the state failed to provide objective evidence for either condition. Furthermore, the court noted that neither the government nor Narinder Pal Singh had claimed that the next eligible officer was incompetent or incapable of handling the role.
The Verdict and Way Forward
While Narinder Pal Singh argued that several priority projects required his continued supervision for the sake of continuity, the court found these arguments insufficient to override the rules.
The court has now directed the state government to revive and conclude the selection process initiated in April, with a strict deadline of November 11, 2026. Additionally, the court ordered that if Narinder Paul Singh Chauhan is found suitable and recommended by the committee, he must be promoted retrospectively from May 1, 2026, along with all consequential benefits, including seniority, pay fixation, and monetary arrears.