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2026 DAILYLAW 4076 (CHH)

VIVEK PANDEY, v. STATE OF CHHATTISGARH

WPS/2072/2021 · 2026-04-01

Shri Rakesh Mohan Pandey

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:15218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2072 of 2021  Vivek Pandey, S/o Shri J.L. Pandey, Aged About 36 Years Posted As Assistant Revenue Inspector, Zone Office, Zone No. 01, Municipal Corporation, Bilaspur, R/o Ashok Nagar, Sarkanda, Tehsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Police Station And Post Office - Rakhi, Atal Nagar, Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Director, Urban Administration And Development, Indrawati Bhawan, Mantralaya, Police Station And Post Office - Rakhi, Atal Nagar, Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Deputy Director, Urban Administration And Development, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4. Municipal Corporation Bilaspur, Through Its Commissioner, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 5. Assistant Commissioner, Municipal Corporation Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. V.R. Tiwari, Senior Advocate assisted by Mr. Atul Kesharwani, Advocate and Mr. Akash Deep Sharma, Advocate For State : Mr. Suyashdhar Badgaiya, G.A. For Respondent No. 4 and 5 : Mr. Himanshu Kumar Sharma, Advocate 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 2.4.2026 1) By way of this petition, petitioner have sought following reliefs :- 10.1 Issue appropriate writ/ direction setting aside the impugned order dt. 1.2.2021 (Annexure P-1), in the interest of justice. 10.2 To direct the concerned respondent authority to consider and grant promotion to the petitioner to the post of ‘Revenue Sub Inspector’ from the date he was entitled to get the same, along with all consequential benefits including monetary benefits with interest. 10.3 To provide compensation and cost of the petition to the petitioner, in the interest of justice. 2) Learned Senior counsel appearing for the petitioner submits that petitioner was initially appointed to the post of Assistant Revenue Inspector on 3.10.2013 in Nagar Panchayat, Sakri and subsequently one additional post of Revenue Sub Inspector in Nagar Panchayat, Sakri was created by the State Government vide order dated 14.8.2018. He further submits that since petitioner was senior Assistant Revenue Inspector in Nagar Panchayat, Sakri, therefore his name was recommended for promotion by President-in-Council, Nagar Panchayat, Sakri vide its resolution dated 20.9.2018. He contends that departmental promotion committee (DPC) was held on 26.9.2018 but name of petitioner was not considered and when petitioner inquired about the same, he was informed that the recommendation made by 3 President-in-Council was never received by the DPC. He further contends that petitioner obtained the documents under RTI, Act which reveal that recommendation made by President-in-Council was duly forwarded to Joint Director, Urban Administration And Development, Bilaspur Division on 20.9.2018. He argues that Nagar Panchayat, Sakri got merged with Municipal Corporation, Bilaspur on 20.8.2019 and at present, petitioner has been placed at S. No. 24 in Gradation List of Assistant Revenue Inspectors, therefore respondent authorities may be directed to convene a review-DPC and consider the name of petitioner for promotion strictly in accordance with the rules. 3) On the other hand, learned counsel appearing for the respective respondents would oppose. They submit that petitioner was lacking eligibility for promotion to the post of Revenue Sub Inspector on the date of DPC and after merger of Nagar Panchayat, Sakri into Municipal Corporation, Bilaspur, name of petitioner appears at S. No. 24 in Gradation List of Assistant Revenue Inspectors, therefore name of petitioner cannot be considered for promotion. They further submit that by efflux of time, this petition has become infructuous. 4) I have heard learned counsel for the parties and perused the material available on record. 5) Admittedly, name of petitioner was recommended by President-in- Council vide its resolution dated 20.9.2018. DPC was convened 4 on 26.9.2018 but it was informed that name of petitioner could not be considered in absence of appropriate recommendation/ resolution passed by President-in-Council. However, petitioner has obtained certain documents under RTI and annexed them with the writ petition. These documents reveal that name of petitioner was recommended by President-in-Council vide its resolution dated 20.9.2018 and same was duly sent to Joint Director, Urban Administration and Development Department, Bilaspur Division on the same date. 6) Taking into consideration the above-discussed facts, this petition is hereby being disposed directing Joint Director, Urban Administration and Development Department, Bilaspur Division to convene a review-DPC of the DPC dated 26.9.2018 for consideration of name of petitioner for promotion to the post of Revenue Sub Inspector strictly in accordance with the rules which were prevailing on the said date. 7) With the aforesaid direction, this petition stands disposed. It is expected that entire exercise shall be completed by the authority concerned within period of 90 days from the date of receipt of copy of this order. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.04.02 16:57:50 +0530