1 2026:CGHC:7515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9019 of 2019 1. Shatruhan Prasad Kurre S/o Late Shri B.R. Kurre Aged About 48 Years Working As Deputy Jailer, Jail Parisar, Bemetara, District- Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2. The Director General Of Police (Prison) Jail And Correctional Services, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3. Chhattisgarh Public Service Commission Through Its Chairman, Shankar Nagar, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Rudra Pratap Dubey, Advocate appears on behalf of Mr. Goutam Khetrapal, Advocate For State : Mr. Sanjeev Pandey, Dy. Advocate General For Respondent No. 3 : Dr. Sudeep Agrawal, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 11.02.2026 1. The petitioner has filed the present writ petition under Section 226 of Constitution of India for issuance of direction to the respondents to grant promotion to the petitioner on the post of Deputy Superintendent of Prison (Jailor) w.e.f 31.03.2017. 2. Learned counsel for the petitioner would submit that in the year 2019 his case for promotion on the post of Deputy Jail MANISH YADAV Digitally signed by MANISH YADAV Date: 2026.02.11 18:20:32 +0530 2 Superintendent has not been considered by the State and the other similar situated persons have been given promotion. 3. The State have filed their return in which they have stated that new 9 district jails were though sanctioned, but not functional, therefore, the Government has not considered their case for promotion on the post of Deputy Jail Superintendent. It has also been stated by the learned State counsel that after filing of this writ petition also, there is some inquiry initiated against the petitioner which is pending since 2022. 4. Since, at the relevant time though posts were sanctioned, but the Government has shown their justifiable reason in not considering all the posts for promotion and this Court cannot issue a writ of mandamus directing the State to issue promotion order for all the posts. It is the prerogative of the State where the writ of mandamus cannot be issued at this juncture. 5. However, since the departmental enquiry is pending against the petitioner from the year 2022, it is directed that the State itself conclude the departmental enquiry within outer limit of 8 months from the date of receipt of copy of this order. It is also directed that if the petitioner is found suitable for promotion, the respondent shall consider the case of the petitioner expeditiously for promotion. 6. With the aforesaid observation and direction, the writ petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge Manish