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2026:CGHC:5452

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 11113 of 2025

1. Hemant Shrivas S/o Late Ramdayal Shrivas Aged About 57

Years R/o Avinash Atulya, B- 309, Rajendra Nagar, Ward No.

Jagdalpur Distt- Baster ( C.G. ).

... Petitioner

versus

1. The State Of Chhattisgarh Through- Its Secretary,

Department Of Urban Administration And Development,

Mantralaya Naya Raipur, District- Raipur Chhattisgarh.

2. Director Department Of Urban Administration And

Development, Mantralaya Naya Raipur, District- Raipur

Chhattisgarh.

3. The Collector Jagdalpur Distt- Bastar Chhattisgarh.

4. Municipal Corporation Jagdalpur Through- Its Commissioner,

Municipal Corporation, Jagdalpur Distt- Bastar Chhattisgarh.

5. Commissioner Municipal Corporation, Jagdalpur Distt- Baster

Chhattisgarh.

6. President Department Promotional Committee, Municipal

Corporation, Jagdalpur Distt- Bastar ( C.G. ).

... Respondents

For Petitioner : Mr. Parag Kotecha, Advocate

For Respondent No.1 to 3 : Mr. Suyash Dhar Badgaiyan, Govt.

Advocate with Ms. Apurva Nigam, Panel

Lawyer

For Respondent No.4 and 5 : Mr. Ashutosh Singh Kachhawaha, Advocate

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SB: Hon’ble Mr. Justice Parth Prateem Sahu

Order on Board

31/01/2026

1. Petitioner has filed this petition seeking following reliefs:-

“I.Direct the respondents to consider the

representation (Annexure P/3 and P/4 and P/8) of

petitioner and recommendation of respondent no.4

and 5 dated 4/9/25 (Annexure P/11).

II. Issue a writ in the nature of Mandamus or any other

writ, by directing the respondents and its authority to

consider the case and grant promotion to the

petitioner for on the post of Senior Sanitary Inspector

from the date when Departmental Promotional

Committee found eligible for promotion, with all

consequential benefit, with all arrears.

III. Any other relief which this Hon’ble Court deems fit

and proper under the facts and circumstances of the

case may also be passed in favor of the petitioner and

the cost of the petition may also be awarded in favour

of the petitioner.”

2. Learned counsel for petitioner submits that petitioner was

appointed by respondent No.4 as Sanitary Inspector vide

order dated 18.5.2008. However, subsequently when

respondent No.4 published new post set-up, there was only

post of Junior Santiary Inspector and no post in the name of

Sanitary Inspector. Accordingly, designation of petitioner was

changed to Junior Sanitary Inspector, however, pay-scale

which is being paid to petitioner is of Sanitary Inspector. He

contended that after completion of relevant period of service,

now petitioner has become entitled for promotion to the post

of Senior Sanitary Inspector, name of petitioner was

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considered and recommended by the Departmental

Promotion Committee (DPC), for promotion to the post of

Senior Sanitary Inspector. However, in view of designation of

petitioner i.e. Junior Sanitary Inspector, promotion order could

not be passed in favour of petitioner.

3. Learned counsel for respondent No.4 and 5 submits that due

to some anomaly/mistake at the time of publication of new

post set-up, post of Junior Sanitary Inspector is shown in set-

up in stead of Sanitary Inspector, therefore, though petitioner

is eligible for promotion, respondent Corporation is finding it

difficult to promote him because in the set-up there is no post

of Sanitary Inspector. Considering this difficulty, respondent

Corporation has written letter to respondent No.2 on

7.10.2025 for permitting respondent No.4 to remove the

anomaly which crept in new post set-up by changing

nomenclature of post, from Junior Sanitary Inspector to

Sanitary Inspector. Respondent No.2 is competent to grant

approval to change the nomenclature of post and therefore,

unless approval is granted by respondent No.2, respondent

No.4 and 5 are unable to consider the claim of petitioner for

promotion.

4. Learned State Counsel submits that he may be granted short

time to seek instruction in the matter, in particular regarding

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letter / proposal forwarded by respondent Corporation to

respondent