Digitally 2026:CGHC:2526 signed by YOGESH YOGESHTIWARI TIWARI Date: AFR

2026.01.15

19:03:09 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR Order Reserved on : 04.12.2025 Order Delivered on : 15.01.2026 WPS No. 3033 of 2023 Amit Shandilya S/o Shri Mannu Lal Shandilya Aged About 41 Years Occupation Service, Working As Jail Superintendent, Central Jail, Jagdalpur, R/o Superintendent House, Jail Line, Jagdalpur, District Bastar Chhattisgarh.

... Petitioner versus

1 - State of Chhattisgarh Through Principal Secretary, Department of Home (Jail), Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh.

2 - Director General Jail Chhattisgarh, Sector-19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh.

3 - Chhattisgarh Public Service Commission through its Secretary, CGPSC, North Block, Sector-19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh.

4 - S.S. Tigga presently working as Deputy Inspector General Jail, Posted at Headquarters, Jail and Correctional Services Chhattisgarh, Nava Raipur, Atal Nagar District Raipur, Chhattisgarh.

--- Respondents (Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

Hon'ble Shri Amitendra Kishore Prasad, Judge

C A V Order

1. Heard Mr. Prafull N. Bharat, learned Senior Advocate assisted by Ms. Sunita Jain, Advocate for the petitioner, Mr. Sangharsh Pandey, Government Advocate appearing for the State/respondents No.1 and 2, Mr. Gary Mukhopadhyay, Advocate for respondent No.3 as well as Mr. Siddhant Tiwari, Advocate for respondent No.4.

2. By filing the present petition, the petitioner has challenged the impugned order dated 09.03.2023 (Annexure P-1), whereby respondent No.4 has allegedly been illegally promoted to the post of Deputy Inspector General (DIG), Jail, despite being less meritorious than the petitioner and in complete violation of the “Merit-cum-Seniority” criteria prescribed under Rule 7(9) of the Chhattisgarh Public Services (Promotion) Rules, 2003; the petitioner has further assailed the communication dated 26.04.2023 (Annexure P-2), by which his representation dated 22.03.2023 was erroneously rejected by the Under Secretary, Department of Jail; and has also questioned the proceedings of the Departmental Promotion Committee (for short, ‘DPC’) held on 08.02.2023 on the ground that the same were conducted in contravention of Rule 7 of the Chhattisgarh Public Services (Promotion) Rules, 2003, particularly Clauses 7 and 9 thereof.

The petitioner has prayed for following reliefs :-

“10.1 Call for the entire records from the possession of respondents, for kind perusal of this Hon'ble Court.

10.2 This Hon'ble Court be pleased to quash the impugned order dated 09/03/2023 (Annexure P-1) and letter dated 26/04/2023 (Annexure P-2) issuing a writ in the nature of certiorari and direct the respondent authorities to promote the petitioner with all due seniority and other consequential benefits in place of respondent No.4.

10.3 This Hon'ble Court be pleased to direct the Respondents to reconsider the case of petitioner for promotion on the post of DIG Jail from the date of promotion of respondent No.4 and grant all consequential benefits.

10.4 This Hon'ble Court be pleased to pass such other orders as it may deem fit under the facts and circumstances of the case, in favour of the petitioner against the respondents. Cost of this litigation may also be awarded.

10.5 That, the Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and quash the DPC conducted on 08.02.2023 (Annexure P/4).”

3. Brief facts of the case, in a nutshell are that, the petitioner was initially appointed in the year 2009 as Superintendent, District Jail, and has since been discharging his duties with utmost