Chhattisgarh High Court disposed two writ appeals seeking age relaxation for promotion to Commercial Tax Inspector. The Court held that age issues are policy matters for the employer and individual relaxations violate Article 14.
The writ appeals were disposed without granting any relief as age relaxation is a policy matter for the employer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No.472 of 2015
Krishna Kumar Rathore S/o Late Salikram Rathore, aged about 52 years, R/o L.I.G. 66, Sharda Vihar Colony, P.S. Korba, Civil and Revenue District Korba, Chhattisgarh
---- Appellant
versus
1. State of Chhattisgarh through Secretary, Department of Commercial Tax, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh
2. Commissioner, Commercial Tax, Commercial Tax Building, Civil Line, Raipur, Distt. Raipur, Chhattisgarh
3. Additional Commissioner, Commercial Tax, Commercial Tax Building, Civil Line, Raipur, Chhattisgarh.
4. Shri Tapan Kumar Das, Sale Tax Inspector, O/o Dy. Commissioner, Sales Tax, Raipur, District Raipur, Chhattisgarh
5. Shri Augushta Lakada, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-1, Jagdalpur, District Bastar At Jagdalpur, Chhattisgarh
6. Shri Lakeshwar Prasad Joshi, Sale Tax Inspector, Commercial Tax Officer, Circle-5, Raipur, District Raipur, Chhattisgarh
7. Shri Krishna Kumar Sidar, Sale Tax Inspector, Commercial Tax Officer, Korea, District Korea, Chhattisgarh
8. Shri Shorabh Thakur, Sale Tax Inspector, O/o Commercial Tax Officer, Circle 1, Durg, District Durg, Chhattisgarh
9. Shri Vikas Choubey, Sale Tax Inspector, O/o Commercial Tax Officer, Ambikapur, District Surguja, Chhattisgarh
10. Shri Santosh Kumar Badge, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-2, Raigarh, District Raigarh, Chhattisgarh
11. Smt. Manisha Nayar, Sale Tax Inspector, O/o Commercial Tax Officer, Circle 2, Raipur, District Raipur, Chhattisgarh
12. Shri Dinesh Kumar Dhruw, Sale Tax Inspector, Commercial Tax Officer, Circle-1, Jagdalpur, District Bastar, Chhattisgarh
13. Shri Naresh Kumar Hurra, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-1, Jagdalpur, District Bastar, Chhattisgarh
14. Shri Rahul Tiwari, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-3, Raipur, District Raipur, Chhattisgarh
15. Shri Bhagat Khekhas, Sale Tax Inspector, O/o Commercial Tax Officer, Ambikapur, District Surguja, Chhattisgarh
16. Priyal Gupta, Sale Tax Inspector, O/o Commercial Tax Officer, Korea, District Korea, Chhattisgarh
17. Smt. Sushila Tigga, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-5, Raipur, District Raipur, Chhattisgarh
18. Shri Vivek Pandey, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-1, Bilaspur, District Bilaspur, Chhattisgarh
19. Shri Suresh Kumar Navratan, Sale Tax Inspector, O/o Commercial Tax Officer, Ambikapur, District Surguja, Chhattisgarh
20. Shri Dyashankar Netam, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-2, Jagdalpur, District Bastar, Chhattisgarh
21. Shri Parmeshwar Singh Marco, Sale Tax Inspector, O/o Commercial Tax Officer, Circle1, Raigarh, District Raigarh, Chhattisgarh
---- Respondents
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and
Writ Appeal No.464 of 2015
1. Sachin Kumar Dewangan , son of Late Sita Ram Dewangan, aged about 52 years, Near Gayatri Mandir, Talapara Road, Vinayak Nagar, P.S. Civil Line, Bilaspur, District Bilaspur, Chhattisgarh
2. Om Prakash Shukla, son of Mahesh Prasad Shukla, aged about 50 years, D-75, Yadunandan Nagar, Tifra, P.S. Tifra, Bilaspur, District Bilaspur, Chhattisgarh
---- Appellants
versus
1. State of Chhattisgarh, through Secretary, Department of Commercial Tax, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh
2. Commissioner, Commercial Tax, Mantralaya Mahanadi Bhawan, Naya Raipur, Chhattisgarh
3. Additional Commissioner, Commercial Tax, Commercial Tax Building, Civil Line, Raipur, Chhattisgarh
---- Respondents
For Appellants : Shri C.J.K. Rao, Advocate For Respondents/State : Shri U.N.S. Deo, Government Advocate
Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Justice P. Sam Koshy Judgment on Board
Per Navin Sinha, Chief Justice
8/10/2015
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4 . If the Appellants submit any representation, it is for the Respondents to consider the same in their wisdom but in accordance with law without being influenced by our reluctance to entertain the writ appeal because of policy issues being involved. It may only be observed that there can never be an individual relaxation which itself would be violative of Article 14 of the Constitution.
5 . The writ appeals are disposed.
Sd/Sd/( Navin Sinha ) ( P. Sam Koshy ) CHIEF JUSTICE JUDGE
Subbu
2 issues framed by the court
Whether the court can order relaxation of age limits for departmental examinations in the face of policy matters for the employer to decide.
Whether granting individual relaxation in age limits would be violative of Article 14 of the Constitution.
1 provisions across 1 enactments
Krishna Kumar Rathore
State of Chhattisgarh
Sachin Kumar Dewangan
Om Prakash Shukla
State of Chhattisgarh
Navin Sinha
Justice P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
