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2026 Supreme(Online)(Chh) 11391

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AWDHESH KUMAR PANDEY – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPS/2886/2026



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2026:CGHC:14752 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 2886 of 2026

Awdhesh Kumar Pandey S/o Vishnu Dev Pandey Aged About 61 Years Currently Working As Chief Sanitary Inspector, Municipal Corporation

Ambikapur, District- Surguja (C.G.)

... Petitioner ALFIZA BAIG Digitally signed by

ALFIZA versus BAIG

1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Nava Raipur, Atal

Nagar, (C.G.)

2 - The Director, Directorate Of Urban Administration And Development, Indrawati Bhawan, Block - D, 4th Floor, Nava Raipur, Atal Nagar (C.G.)

3 - The Commissioner, Municipal Corporation , Ambikapur, District- Surguja (C.G.)

... Respondents For Petitioner : Mr. Divyansh Shukla, Advocate appears on

behalf of Ms. Sonia Kuldeep, Advocate For Respondent- State : Mr. Aditya Tiwari, Panel Lawyer

For Respondent no. 3 : Ms. Parwati Suryawanshi, Advocate appears on behalf of Mr. Bhupendra Singh, Advocate

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

30.03.2026

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

‘10.1That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction, in the nature of Mandamus, directing the respondent no. 1 and respondent no. 2 to consider and decide the proposal for sanction/creation of the post of Health Officer (Non-MBBS) for Municipal Corporation,

Ambikapur, within a time-bound period.

10.2 That, this Hon’ble Court may kindly be pleased to issue a further direction to the respondents to consider the case of the petitioner for promotion to the post of Health Officer (Non-MBBS) in accordance with the provisions of the Chhattisgarh Municipal Corporation (Appointment and Conditions of Service of Officers and Employees) Rules, 2018, forthwith upon sanction of the said post within a period of 30

days.

10.3 That, this Hon’ble Court may kindly be pleased to issue a direction that upon such promotion, the petitioner shall be entitled to all consequential service and financial benefits including fixation of pay and

pensionary benefits, in accordance with law.

10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief, order or direction which this

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Hon’ble Court may deem fit and proper in the facts

and circumstances of the case.”

2. Learned Counsel for the petitioner submits that petitioner is holding the

post of Chief Sanitary Inspector since 2008. Service of petitioner is governed by Chief Municipal Corporation (Appoint and Terms and Conditions of Service of Officers and Employees) Rules, 2018 under the rules there is provision for promotion of Chief Sanitary Inspector to the post of Health Inspector (Non-MBBS) under Schedule 4 requisite period of service in the feeder cadre i.e. the Chief Sanitary Inspector for becoming eligible for promotion on the post of Health Officer, Non- MBBS is only five years. Petitioner as of now has completed more than 17 years of service in the feeder cadre i.e. Chief Sanitary Inspector , however, respondent has not promoted the petitioner on the post of Non-MBBS. He also submits that petitioner upon making request and verifying from the Municipal Corporation, have been informed that, post of Health Officer, Non-MBBS is not sanctioned and further it was informed that letter has been written to respondent no. 2 requesting to sanction post of Health Officer Non-MBBS, which till date is also

pending consideration.

3. Learned counsel for respondent no. 3 do not oppose the submission

made by learned counsel for petitioner, however, he submits that respondent no. 3 has already written request letter to respondent no. 2 to sanction the post of Health Officer, Non-MBBS which is pending

consideration before respondent no. 2.

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4. Learned counsel for State submits that as respondent no. 3 has written

request letter to respondent no. 2, it will be considered in accordance

with law.

5. I have heard learned counsel for respective p

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