2026:CGHC:8065 NAFR Digitally signed by YOGESH YOGESH TIWARI HIGH COURT OF CHHATTISGARH AT BILASPUR TIWARI Date:

2026.02.17

16:54:00 Order Reserved on : 29.01.2026 +0530 Order Delivered on : 13.02.2026 WPS No. 2168 of 2023 Dr. J.P. Benerji S/o Gautam Das Benerji, aged about 60 years, working in the post of Homeopathic officer in Govt. Homeopathic Hospital, Mastoori, Bilaspur R/o Main Road, near old Somwari Bazaar Palmgarh, Distt. Janjgir Champa (C.G.)

--- Petitioner Versus

1 - State of Chhattisgarh Through Secretary, Health and Family Welfare Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

2 - The Director, Indian System of medicines and homeopathy, Madhya Pradesh, Bhopal (M.P.)

3 - Under Secretary, health and family welfare department, Mahanadi Bhawan, New Raipur (C.G.)

... Respondents Hon'ble Shri Amitendra Kishore Prasad, Judge

CAV Order

1. Heard Mr. T. K. Tiwari, Advocate for the petitioner and Mr.

Sangharsh Pandey, Government Advocate for the State/respondents.

2. By filing the present petition, the petitioner has prayed for issuance of an appropriate writ, order or direction, particularly a writ of mandamus, commanding the respondents to grant the benefit of promotion to the petitioner with effect from the year 1995 instead of 2015, along with all consequential service benefits including seniority and monetary benefits, as the petitioner was granted promotion belatedly in the year 2015 despite being otherwise entitled for the same since 1995 with the following relief(s):-

“10.1 That, this Hon'ble Court may kindly be pleased to issue a writ of mandamus commanding the respondents to give benefit of promotion to the petitioner from the year 1995 till 2015 onwards with all consequential benefits as the promotion has been given to the petitioner in the year 2015 in place of

1995.

10.2 That, any other relief which this Hon'ble Court deems fit and proper in favor of the petitioner may kindly be passed.”

3. Brief facts of the case, in a nutshell are that the petitioner is presently working on the post of Homeopathy Medical Officer and is posted in District Janjgir-Champa. He was initially appointed as Assistant Homeopathy Medical Officer on 07.11.1988 and has been continuously and regularly discharging his duties to the satisfaction of the respondents. Upon creation of the State of Chhattisgarh w.e.f. 01.11.2000, the petitioner opted to serve the newly formed State of Chhattisgarh.

4. It is the case of the petitioner that till the year 1993, there was no policy for promotion from the post of Assistant Medical Officer to Medical Officer. Subsequently, in the year 1994, the State Government of Madhya Pradesh amended the relevant rules and framed a promotion policy, wherein 75% of the posts of Medical Officer were required to be filled by promotion from Assistant Medical Officers having eligibility of 5 years experience subject to percentage of 60% for General Category and 40% for Reserved Categories. As per the said rules, 107 posts were to be filled by promotion. Though a DPC was held on 10.10.1994, the promotional quota of 75% was not fully filled.

5. Aggrieved thereby, Dr. Manzoor Ahmad filed an Original Application bearing No.135/1996 (Writ Petition No.23371/2003) before the High Court of Madhya Pradesh, wherein vide order dated 08.08.2005, directions were issued to grant promotion to all eligible candidates falling within the promotional quota and the case of the petitioner may be considered by a review DPC from the candidates at par with 42 candidates, who were earlier promoted. In compliance thereof, a review DPC was convened, in which the petitioner was found eligible and his name was placed at Serial No. 92; however, he was not granted promotion solely on the ground that he had opted for the State of Chhattisgarh.

6. Thereafter, the petitioner approached this Court by filing Writ Petition(S) No. 3259/2010, which came to be dismissed vide order dated 18.11.2010 on the ground that prescription of qualifications