Rajesh Mishra Vs State of Chhattisgarh

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SMT NIRMALA RAO

2025:CGHC:36161

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 786 of 2021

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1 - Rajesh Mishra S/o Shri K.K. Mishra Aged About 50 Years Sanitary Inspector, Nagar Nigam Rajnandgaon R/o Behind Gurudwara, Jamatpara, Ward No. 24, Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Urban Administrative And Development, Department Mahanadi Bhawan, Mantralay, Atal Nagar District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Director Urban Administration And Development Department, Indrawati Bhawan, Fourth Floor, D - Block, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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3 - Municipal Corporation Rajnandgaon, Through Commissioner, Municipal Corporation, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

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... Respondent(s)

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For Petitioner :	Mr. Parag Kotecha, Advocate.
For State/Respondents :	Ms. Neelima Singh Thakur, P.L.
For Respondent No.3 :	Mr. Sandeep Dubey, Advocate.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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25.07.2025

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1 . The petitioner has filed this petition seeking the following reliefs:-

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“I. That the Hon'ble court may kindly be pleased to direct the respondent authorities to create the post of Senior Sanitary Inspector at Municipal Corporation, Rajnandgaon or in alternate direct the respondent authorities to dissolve the post of Senior Sanitary Inspector and Consider the case of petitioner to be promoted to the post of Chief Sanitary

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2

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Inspector.

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II Any other relief which this Hon'ble Court deems fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner and the cost of the petition may be awarded in favour of the petitioner.”

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2 . At the outset, learned counsel for the petitioner would submit that a recommendation was made by the Commissioner, Municipal Corporation, Rajnandgaon on 13.3.2024 to the State Government to consider the case of the petitioner for promotion to the post of Chief Sanitary Inspector, but till date no decision has been taken. He would further submit that in other Municipal Corporations, the posts of Senior Sanitary Inspectors and Chief Sanitary Inspectors have been created and eligible employees have been promoted to those posts, but in the Municipal Corporation, Rajnandgaon, such posts have not yet been created, despite recommendations made by the Corporation. He would contend that a direction may be issued to the State Government to consider the recommendation made by the Municipal Corporation expeditiously, within a stipulated period, strictly in accordance with the law.

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3 . On the other hand, learned counsels for the respondents would oppose the submissions made by counsel for the petitioner. They would submit that the petitioner has no vested right to claim promotion to a higher post. They would further submit that in the current setup, the post of Senior Sanitary Inspector is not sanctioned. It is also contended that in the year 2022, a recommendation was made with respect to the post of Senior Sanitary Inspector by the Municipal Corporation, and it was rejected.

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3

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4 . I have heard learned counsel for parties and perused the documents available on the record.

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5 . Taking into consideration the fact that the name of the petitioner has been recommended by the Commissioner, Municipal Corporation for promotion to the post of Chief Sanitary Inspector on 13.3.2024 but till date no decision has been taken by the State Government, this petition is disposed of with a direction to respondent No.1 to consider the recommendation made by the Municipal Corporation with regard to the promotion of the petitioner to the post of Chief Sanitary Inspector in an objective manner and to take an appropriate decision preferably within a period of 90 days from the date of receipt of a copy of this order.

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6 . With the aforesaid observations, this petition is disposed of .

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Nimmi

Rajesh Mishra v. State of Chhattisgarh

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Rajesh Mishra v. State of Chhattisgarh

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