1 / 7 2026:CGHC:24330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 665 of 2022 Uttam Kumar Sharma S/o Late Phekan Lal Sharma, Aged About 55 Years Occupation Service, Presently Posted And Working As In-Charge Accountant/assistant Gr.3, Municipal Corporation Birgaon And R/o Banjari Nagar,, Kushalpur, In F/o Pahadi Talab, District Raipur Chhattisgarh. ... Petitioner versus 1 - Alarmelumangal D Ias Secretary, Department Of Urban Administrate And Development, Mantralay, Mahanadi Bhawan, Atal Nagarn Raipur District Raipur Chhattisgarh. 2 - Shrikant Verma, Commissioner, Municipal Corporation, Birgaon, District Raipur Chhattisgarh. ... Respondents For Petitioner : Mr. Ashish Shrivastava, Senior Advocate assisted by Mr. Ishaan Singh Rathore, Advocate and Ms. Anannya Pandey, Advocate For Respondents : Mr. Sandeep Dubey, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 15.06.2026 Heard. 1. Petitioner has filed this contempt petition under Article 215 of the Constitution of India read with Section 10 and 12 of the Contempt of 2 / 7 Courts Act, 1971 alleging willful disobedience of the order dated 13.04.2022 passed in writ petition bearing WPS No. 4608 of 2015 (“Uttam Kumar Sharma Vs. State of Chhattisgarh and Others”). 2. Learned counsel for the petitioner submits that in the writ petition bearing WPS No. 4608 of 2015 filed by petitioner, the writ Court has allowed the writ petition observing that petitioner in entitled for seniority from the date of absorption i.e. from 10.12.2007 and further that the petitioner became entitled for all consequential benefits as a result of rectification of the Gradation List showing petitioner’s seniority from 10.12.2007. He submits that though the respondents have corrected the Gradation List mentioning the date of appointment of petitioner on 10.12.2007 and placing him at serial no. 1, issued an order of promotion dated 22.07.2022 promoting the petitioner from the post of Assistant Grade -III to the post of Accountant. However, consequential benefits accrued to the petitioner as observed and directed by writ Court in order dated 13.04.2022 has not been extended. He further submits that petitioner is entitled for further promotion on the post as per the promotion avenues provided under Schedule 04 of the Chhattisgarh Municipal Corporation (Appointment and Terms and Conditions of Service of Officers and Employees) Rules, 2018 and fixation of pay scale. 3. Learned counsel for Respondents submits that the order passed in writ petition bearing WPS No. 4608 of 2018 has been complied with. He submits that in proceedings of the writ petition, subject matter of the contempt proceedings, petitioner has obtained an interim order on 28.09.2016 wherein the Court has directed that “no promotion shall be 3 / 7 made to the post of accountant for which petitioner has prayed for” . Pursuant to the interim order passed in the writ petition no DPC (Departmental Promotion Committee) was constituted for promotion of eligible employees to the post of accountant. After disposal of the writ petition vide order dated 13.04.2022 respondent authorities have constituted Departmental Promotion Committee immediately and meeting of the committee was convened on 15.07.2022 i.e. within a period of three months from the date of the order. In the Departmental Promotion Committee proceedings the interim order passed in the writ petition vide order dated 28.09.2016 and the operative portion of order dated 13.04.2022 was also considered and extracted. The Departmental Promotion Committee recommended the name of petitioner for promotion on the post of accountant and accordingly, order of promotion of petitioner to the post of accountant was issued on 22.07.2022. He next submits that initially after promotion one increment was added to the salary which is being drawn by petitioner and sent for approval to the office of Joint Director, however, the proposal forwarded to the office of Joint Director was rejected observing that the petitioner is already getting the higher pay scale of 8th Pay Matrix whereas the post of accountant on which petitioner was promoted is on the level 6th Pay Matrix. He also submits that the amended order of promotion was passed on 11.01.2024 wherein the claim of petitioner for grant of consequential benefits was considered. He lastly submits that the Commissioner Municipal Corporation, Raipur had considered that on the date of promotion i.e. on 22.07.2022 petitioner was getting the salary of level 8th Pay Matrix and, therefore, it was ordered that no financial benefit can be extended to petitioner. He 4 / 7 further submits that in the order it is also mentioned that petitioner was already been granted 3rd time pay scale. 4. Learned counsel for the petitioner do not dispute the submission made by learned counsel for the respondents with regard to the petitioner drawing the salary of level 8th Pay Matrix on the date of promotion, whereas the post on which petitioner was promoted was of level 6th Pay Matrix, however, he submits that even after promotion the petitioner could have been considered for further promotion considering the candidature of petitioner for promotion from 10.12.2007. 5. I have heard learned counsel for the respective parties, perused the documents placed on record along with contempt petition, reply, rejoinder, covering memo etc as also the record of the writ petition attached with the contempt petition. 6. In the writ petition petitioner has prayed for a direction to respondents to consider the case of petitioner for promotion to the next higher post of accountant with all consequential benefits, direction to respondents to grant of proper seniority and to quash Gradation List dated 31.01.2016 (Annexure P-1) therein and to quash/set aside the circular dated 18.08.2013 as well as 26.12.2015 which being in serious violation and contravention of Rules of 12(2) (c) of the Chhattisgarh Civil Service General Conditions of Services Rules, 1961. The operative portion of the order passed in Writ petition dated 13.04.2022 (subject matter of contempt petition) is extracted below for ready reference:- “9…………….Since the Rule has not been amended and it still hold the good and petitioner for all practical 5 / 7 purposes would be entitled for seniority strictly in accordance with the statutory Rules governing the service conditions. Rules of 1961 is not in dispute………………. 10. As a consequence, the petitioner would become entitled for seniority from the date his absorption in the instant case i.e. 10.12.2007 onwards and that is the date from which respondent no. 2 have absorbed the service of the petitioner. The petitioner would also become entitled for all consequential benefits as a result of rectification all the gradation list showing petitioner’s seniority w.e.f. 10.12.2007. The writ petition stands allowed to the extent indicated above. 11. As a result of writ petition getting allowed all interim orders also gets merged with the final order and respondents would be at liberty to proceed further in accordance with law particularly in respect of the promotion matters which were pending because of pendency of the present writ petition. 12. The writ petition accordingly stands disposed of.” 7. Perusal of the aforementioned extracted portion of the order in the writ petition would show that the circular dated 18.08.2013 and 26.12.2015 were quashed, petitioner was held entitled for seniority from the date of absorption i.e. on 10.12.2007 and petitioner is also held entitled for all consequential benefits as a result of rectification of Gradation List mentioned the petitioner’s seniority with effect from 10.12.2007. 8. It is not in dispute that petitioner has also claimed the relief in the writ petition for his promotion. It is also not the case of petitioner that before filing of the writ petition any proceeding has been drawn by the respondent authorities for promotion of any employee to the post of accountant, superseding the petitioner. From the pleadings made in the writ petition it appears that though the petitioner was absorbed and was working as Assistant Grade – III, post of accountant being lying vacant no proceedings for promotion was initiated. Main grievance of petitioner was of wrong fixation of seniority. It is also relevant to 6 / 7 mention here that in the writ petition filed by petitioner writ Court has passed an interim order of not making promotion to the post of accountant for which petitioner has prayed for. The interim order continued till the disposal of the writ petition i.e. 13.04.2022. Immediately after disposal of writ petition the respondent authorities keeping in mind the order passed in the writ petition fixed the seniority of and further petitioner appropiately placed him at serial no. 1 in Gradation List constituted the Departmental Promotion Committee for promotion and the meeting of DPC was held on 15.07.2022 i.e. within a period of 03 month and name of petitioner was recommended for promotion to the post of accountant which in the opinion of this Court is in compliance of the direction/ observation of writ Court in order dated 13.04.2022 passed in writ petition. The order of promotion was issued in favor of petitioner on 22.07.2022. 9. It is the submission of learned counsel for the petitioner that on the query being put to him about the date of order of the retirement of petitioner upon attaining the age of superannuation, he submitted that petitioner stood retired from his service in the year 2023. The eligibility for promotion according to Rules of 2018 is five years of work experience on feeder cadre post of accountant for promotion to the post of Assistant Accounts Officer and further five years of work experience on the post of Assistant Accounts Officers for promotion on the post of Accounts Officers. From the date of promotion, petitioner has not completed the requisite period of service in the feeder cadre of five years and, therefore, in the facts of the case, submission made by learned counsel for the petitioner that petitioner is entitled for further 7 / 7 promotion considering the date of seniority as fixed in the order dated 13.04.2022 passed in writ petition is not acceptable. 10. The writ Court in the order dated 13.04.2022 has not made any observation with regard to the submission made by learned counsel for petitioner that petitioner would be eligible for promotion after completion of five years on the post of Assistant Grade-III from 10.12.2007 and, therefore, the submission of counsel for petitioner that petitioner entitled for further promotion is hereby repelled in the facts of the case. 11. In the aforementioned facts of the case, in the opinion of this Court the respondent authorities have complied with the order dated 13.04.2022 passed in WPS No. 4608 of 2015 and therefore, I do not find any good ground to continue with the proceedings in this contempt petition. 12. Accordingly, proceedings is dropped, the notice issued to the respondents stands discharged. 13. Contempt petition is closed. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Alfiza ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.06.18 11:06:56 +0530