Chhaya Singh vs High Court Of Chhattisgarh - 2026 Supreme(Online)(Chh) 18981

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2026 Supreme(Online)(Chh) 18981

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Chhaya Singh – Appellant
Versus
High Court Of Chhattisgarh – Respondent
WPS No. 7379 of 2023

Important Points

Where a candidate's promotion is deferred due to a pending complaint that fails to culminate in disciplinary action, the deferment is temporary. Once the candidate is promoted on the same service record, they are entitled to retrospective seniority, and administrative rejection of such claims must be supported by reasons.

Subject

Service Law - Promotion and Seniority

Act Referred

Constitution of India: Art.226, Art.14, Art.16, Art.21, Art.235
Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006: R.5(2)
C.G. Civil Services (General Conditions of Service) Rules, 1961: R.12(D)
Chhattisgarh Higher Judicial Service (Recruitment and Conditions of Service) Rules, 2006: R.5(1)(a), R.5(1)(b)
Code of Criminal Procedure, 1973: S.200, S.202, S.156(3)

Headnote

(A) Constitution of India - Articles 14, 16, 21 and 235 - Service Law - Promotion and Seniority - Deferment of promotion - Judicial officer - Where a candidate is not declared unfit for promotion but their case is merely deferred pending investigation of a complaint, such deferment cannot permanently prejudice service career once the underlying complaint fails to culminate in disciplinary action - Promotion to the next cadre based on the same service record implies earlier suitability, necessitating retrospective consideration of seniority and consequential benefits. (Paras 20, 23, 38, 41)

(B) Service Law - Administrative Law - Unreasoned orders - Necessity of speaking orders - Administrative/quasi-judicial orders affecting service rights must contain reasons - Orders rejecting representations that are devoid of reasons are arbitrary and unsustainable. (Paras 21, 32)

Facts of the case:
A judicial officer challenged the deferment of her promotion from a junior cadre to a senior cadre, which occurred due to a pending complaint that never resulted in disciplinary proceedings. Despite being promoted two years later on the same service record, the officer was denied restoration of her original seniority at par with her batchmates. Her representation for seniority was rejected by a non-speaking order, prompting the filing of the petition.

Findings of Court:
The court observed that the deferment was temporary and precautionary. Since the complaint resulted in no adverse action/finding and the officer was later found eligible based on the same track record, the deferment lost its legal significance. Therefore, denial of retrospective promotion and seniority was unjustified.

Issues: Whether the deferment of promotion due to a pending yet inconsequential complaint warrants denial of seniority, and whether an order rejecting a service representation without providing reasons is legally sustainable.

Ratio Decidendi: The right to be fairly considered for promotion is a fundamental right. When a disciplinary complaint does not result in any adverse finding, an employee cannot be penalized through loss of seniority for a period of temporary deferment. Furthermore, administrative decisions affecting civil rights must be reasoned to ensure transparency and prevent arbitrariness.

Result: Petition allowed; directed competent authorities to reconsider the grant of promotion retrospectively with all consequential benefits.

Advocates:
For the Appellants/Petitioners: Mr. T.K. Jha, Mr. Anumeh Shrivastava
For the Respondents: Mr. Ashish Surana, Mr. Abhishek Gupta, Mr. Gourav Singhal, Mr. Aman Kesharwani, Mr. Raja Sharma, Ms. Aditi Parakh, Ms. Smriti Ekka

Table of Content
1. factual basis of promotion deferment based on pending complaints. (Para 1 , 2 , 4)
2. petitioner's arguments on arbitrary denial of seniority and judicial independence. (Para 5 , 6 , 7 , 8 , 9)
3. respondents' arguments regarding delay, laches, and non-maintainability. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
4. court observed deferment without disciplinary action was legally unjustified. (Para 18 , 19 , 20 , 21 , 22 , 23)
5. precedents on promotion, fair consideration, and consequence to arbitrary denial. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40)
6. court order directing reconsideration of promotion and seniority benefits. (Para 41 , 42 , 43 , 44)

CAV Order

1. By way of the present petition, the petitioner has invoked the extraordinary jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India challenging the action of the respondents in deferring her promotion from the post of Civil Judge Class-II (Junior Division) to Civil Judge Class-I (Senior Division) vide order dated 14.08.2014 and subsequently denying her restoration of original seniority despite her later promotion vide order dated 12.08.2016. The petitioner further seeks grant of consequential seniority and all attendant service benefits. The petitioner has also prayed for appropriate directions to the respondents to consider her case for further promotion to the post of District Judge (Entry Level) by restoring her rightful seniority in accordance with the applicable service rules.

2. Subject matter in brief is that the petitioner was initially appointed as Civil Judge Class-II (Junior Division) on 26.12.2008 and was posted at District Court, Durg. In terms of Rule 5(2) read with Schedule-II of the Rules of 2006, the petitioner had completed the requisite qualifying service of five years with unblemished Annual Confidential Reports and without any adverse remarks, thereby becoming entitled for consideration for promotion to the post of Civil Judge Class-I (Senior Division). However, vide promotion order dated 14.08.2014, the petitioner’s case was kept in the category of deferred candidates, whereas her juniors were granted promotion. Aggrieved thereby, the petitioner submitted a representation dated 15.04.2015 seeking grant of promotion and consequential benefits, but neither the said representation was decided nor was any communication made regarding its outcome. Subsequently, the petitioner was promoted to the post of Civil Judge Class-I (Senior Division) vide order dated 12.08.2016, though she was denied her original seniority despite the fact that her promotion had merely been deferred and she was never declared unfit. According to the petitioner, under Rule 12(D) of the C.G. Civil Services (General Conditions of Service) Rules, 1961, she was entitled to restoration of her original seniority, particularly when similarly situated judicial officers had been granted such benefit by the Hon’ble High Court vide order dated 17.05.2006. Thereafter, the petitioner was promoted to the next higher scale/post of Chief Judicial Magistrate vide order dated 02.07.2019, whereas her batchmates had already secured promotion to the post of Additional District Judge nearly two years earlier. It is further averred that during her posting as Civil Judge Class-I at Akaltara, District Janjgir-Champa, certain adverse remarks and grading of “D” and “E” were recorded against her by the concerned District Judge in an arbitrary and mala fide manner, though subsequently the Hon’ble High Court was pleased to upgrade the Grade “E” to Grade “D”. The petitioner apprehends that despite availability of approximately 16 promotional posts of Additional District Judge in the near future, her present placement at Serial No. 23 in the seniority list may again deprive her of timely promotion on account of denial of original seniority.

3. Following reliefs have been prayed by the petitioner by way of this petition:-