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2026 DAILYLAW 13949 (CHH)

AWDHESH KUMAR PANDEY v. STATE OF CHHATTISGARH

WPS/2886/2026 · 2026-03-29

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 4 2026:CGHC:14752 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2886 of 2026 Awdhesh Kumar Pandey S/o Vishnu Dev Pandey Aged About 61 Years Currently Working As Chief Sanitary Inspector, Municipal Corporation Ambikapur, District- Surguja (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Nava Raipur, Atal Nagar, (C.G.) 2 - The Director, Directorate Of Urban Administration And Development, Indrawati Bhawan, Block - D, 4th Floor, Nava Raipur, Atal Nagar (C.G.) 3 - The Commissioner, Municipal Corporation , Ambikapur, District- Surguja (C.G.) ... Respondents For Petitioner : Mr. Divyansh Shukla, Advocate appears on behalf of Ms. Sonia Kuldeep, Advocate For Respondent- State : Mr. Aditya Tiwari, Panel Lawyer For Respondent no. 3 : Ms. Parwati Suryawanshi, Advocate appears on behalf of Mr. Bhupendra Singh, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 30.03.2026 ALFIZA BAIG Digitally signed by ALFIZA BAIG 2 / 4 1. Petitioner has filed this writ petition seeking following reliefs:- ‘10.1That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction, in the nature of Mandamus, directing the respondent no. 1 and respondent no. 2 to consider and decide the proposal for sanction/creation of the post of Health Officer (Non-MBBS) for Municipal Corporation, Ambikapur, within a time-bound period. 10.2 That, this Hon’ble Court may kindly be pleased to issue a further direction to the respondents to consider the case of the petitioner for promotion to the post of Health Officer (Non-MBBS) in accordance with the provisions of the Chhattisgarh Municipal Corporation (Appointment and Conditions of Service of Officers and Employees) Rules, 2018, forthwith upon sanction of the said post within a period of 30 days. 10.3 That, this Hon’ble Court may kindly be pleased to issue a direction that upon such promotion, the petitioner shall be entitled to all consequential service and financial benefits including fixation of pay and pensionary benefits, in accordance with law. 10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief, order or direction which this 3 / 4 Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 2. Learned Counsel for the petitioner submits that petitioner is holding the post of Chief Sanitary Inspector since 2008. Service of petitioner is governed by Chief Municipal Corporation (Appoint and Terms and Conditions of Service of Officers and Employees) Rules, 2018 under the rules there is provision for promotion of Chief Sanitary Inspector to the post of Health Inspector (Non-MBBS) under Schedule 4 requisite period of service in the feeder cadre i.e. the Chief Sanitary Inspector for becoming eligible for promotion on the post of Health Officer, Non- MBBS is only five years. Petitioner as of now has completed more than 17 years of service in the feeder cadre i.e. Chief Sanitary Inspector , however, respondent has not promoted the petitioner on the post of Non-MBBS. He also submits that petitioner upon making request and verifying from the Municipal Corporation, have been informed that, post of Health Officer, Non-MBBS is not sanctioned and further it was informed that letter has been written to respondent no. 2 requesting to sanction post of Health Officer Non-MBBS, which till date is also pending consideration. 3. Learned counsel for respondent no. 3 do not oppose the submission made by learned counsel for petitioner, however, he submits that respondent no. 3 has already written request letter to respondent no. 2 to sanction the post of Health Officer, Non-MBBS which is pending consideration before respondent no. 2. 4 / 4 4. Learned counsel for State submits that as respondent no. 3 has written request letter to respondent no. 2, it will be considered in accordance with law. 5. I have heard learned counsel for respective parties and perused the documents enclosed along with this writ petition. 6. The grievances raised by petitioner is against his non-promotion on the post of Health Officer, (Non-MBBS), According to the documents enclosed along with the writ petition it is appearing that a request letter has already been written to respondent no. 2 to sanction the post of Health Officer, (Non-MBBS) on 30.07.2025, which is stated to be pending consideration. 7. In the aforementioned facts of the case, I am of the view that no fruitful purpose will be served in keeping this writ petition pending and seeking reply from respondents, however, it will be in the interest of the parties if this writ petition is disposed of directing respondent no. 2 to consider and take decision on the letter forwarded by respondent no. 3, in accordance with law, expeditiously, preferably within a period of ‘two months’ from the date of receipt of copy of Order. It is ordered accordingly. 8. With the aforementioned observation, this writ petition stands dispose of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza