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2026 Supreme(Online)(Chh) 3641

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
T.P. GUPTA – Appellant
Versus
CHHATTISGARH STATE POWER GENERATION COMPANY LIMITED – Respondent
WA/65/2026



Digitally signed by ANURADHA ANURADHA TIWARI TIWARI Date:

2026.01.28 1

10:26:56 +0530

2026:CGHC:4294-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 65 of 2026 T.P. Gupta S/o Late J.R. Gupta Aged About 60 Years Posted As Oa Grade 1, Office At- Chief Engineer Office, Dr Shyama Prasad Mukherjee, Thermal Power Station Korba East. District- Korba (C.G.)

... Appellant versus

1 - Chhattisgarh State Power Generation Company Limited, Through- Its Chairman Office At Vidyut Bhawan Danganiya Raipur, District-

Raipur (C.G.)

2 - Chhattisgarh State Power Generation Company Limited Through- Its Managing Director Office At Vidyut Bhawan, Danganiya Raipur, District-

Raipur (C.G.)

3 - Chhattisgarh State Power Generation Company Limited Through Its Chief Engineer (Hr) Office At Vidyut Bhawan, Danganiya Raipur, District- Raipur (C.G.)

4 - Chhattisgarh State Power Generation Company Limited Through Its Executive Director (Generation) Office At Dr Shyama Prasad Mukherjee, Thermal Power Station Korba East District- Korba (C.G.)

5 - Chief Engineer (Bilaspur Area) Office At Cspdcl Bilaspur, District-

Bilaspur (C.G.)

6 - Chief Engineer (Production) Office At Dr Shyama Prasad Mukherjee, Thermal Power Station Korba East District- Korba (C.G.)

7 - Superintending Engineer (T And Qa) Office At Dr Shyama Prasad Mukherjee Thermal Power Station Korba East District- Korba (C.G.)

8 - Additional Chief Engineer (Fuel Management) Office At Dr Shyama Prasad Mukherjee, Thermal Power Station Korba East, District- Korba (C.G.)

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

For Appellant : Mr. Sohail Afzal, Advocate For Respondents : Mr. Akash Pandey, Advocate on behalf of Mr. Mayank Chandrakar, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

27 .01.2026

1 Heard Mr. Sohail Afzal, learned counsel for the appellant as well as Mr. Akash Pandey, learned counsel holding brief of Mr. Mayank Chandrakar, learned counsel appearing for the respondents.

2 By way of this writ appeal, appellant has prayed for following relief(s):-

“1. Allow the Writ Appeal and set aside the impugned order passed by the learned Single Judge;

2. Quash the recovery proceedings initiated against the Appellant;

3. Grant all consequential service and monetary benefits;

4. Pass any other order deemed fit in the interest of justice.”

3 The present intra Court appeal has been filed against the order dated 02.01.2026 passed by the learned Single Judge in WPS No.5136/2024 (T.P. Gupta v. Chhattisgarh State Power Generation Company Limited and others), whereby the writ petition filed by the writ petitioner has been dismissed.

4 The brief facts projected before the learned Single Judge was that the writ petitioner was initially appointed on the post of Peon on 27.04.1985 and was subsequently promoted to the post of Office Assistant Grade-III in the year 1990. Since he was not granted promotion within nine years of service, he was extended the benefit of the first higher pay scale in the year 1999 in terms of notification dated 11.01.1997. Thereafter, on completion of eighteen years of service, the writ petitioner was granted the second higher pay scale in the year 2008 pursuant to an order dated 03.10.2008 passed after consideration by the Departmental Promotion Committee, despite the fact that the writ petitioner had disclosed in his application dated 02.02.2008 that he had not completed the requisite accounts training.

5 It is further case of the writ petitioner that neither the notification dated 19.07.2005 nor its explanatory circular dated 20.10.2005 prescribes completion of accounts training as a mandatory condition for grant of higher pay scale. It was further submitted that as per the policy decision of the respondents, employees are entitled to a minimum of three opportunities to clear the accounts training. The writ petitioner successfully completed the said training on 25.08.2023 in his third attempt, the dela

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