Prabhakar Upadhyay, Vs State of Chhattisgarh

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CGHC010134902021

2026:CGHC:28166

NAFR

NIRMALA RAO

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 2745 of 2021

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1 - Prabhakar Upadhyay, S/o Shyam Kartik Upadhyay, Aged About 37 Years R/o. Hig - 401, Block B, Kanchan Ashwa Parisar, Deendayal Upadhyay Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh, Through - Principal Secretary, Goods And Service Tax (Gst State) Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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2 - Commissioner, State Tax, North Block Sector 19, Nawa Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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3 - Chhattisgarh Public Service Commission, Raipur, Through Its Secretary, Public Service Commission, Raipur, Shankar Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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	... Respondent(s)
For Petitioner/s	: Ms. Apurva Goyal, Advocate holding the brief of Shri V.A. Goverdhan, Advocate.
For Respondent/ State	: Shri Kanwaljeet Singh Saini, P.L.
For Respondent No.3	: Dr. Sudeep Agrawal, Advocate.

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2

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Hon’ble Shri Justice Rakesh Mohan Pandey

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Judgment On Board

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08.07.2026

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

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“1] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders quashing the impugned order dated 12.03.2021 (Annex.P/1) passed by the department and the respondent authorities may kindly be directed to reconsider the case of the petitioner for promotion on the post of State Tax Officer from the date of promotion of the other officers i.e. w.e.f. 20.10.2020 and the petitioner may kindly be granted all the consequential benefits including the seniority.

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2] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and the respondents may kindly be directed to consider the case of the petitioner for promotion on the post of State Tax Officer on the basis of either the ACR's of 4 years or including the ACR of 2014-15 of the Cooperative department, if during the pendency of the petition, the petitioner would be promoted on the promotional post of State Tax Officer then the Hon'ble Court may kindly be pleased to mold the relief and the petitioner may kindly be granted seniority w.e.f. 20.10.2020 when the other similarly placed inspectors were promoted.

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3] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

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3

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2) Learned counsel for the petitioner would submit that the petitioner in this petition has claimed promotion from the post of State Tax Inspector to the post of Sales Tax Officer with effect from 20.10.2020. She would fairly submit that during pendency of this petition, the petitioner was promoted to the post of State Tax Officer pursuant to decision of Departmental Promotion Committee (DPC) dated 16.11.2021. It is argued that despite grant of promotion, the respondent authorities have not extended the benefits of seniority and the monetary benefits attached to the promotional post. She would submit that the petitioner may be permitted to make a representation before respondents No.1 & 2 and a direction may be issued to the said authorities to decide the representation so made by the petitioner strictly in accordance with law within the stipulated time.

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3) On the other hand, learned counsel appearing for the respondents would oppose the submissions made by counsel for the petitioner. They would submit that the petitioner has challenged an order dated 12.3.2021 issued by respondent No.1, whereby the claim of the petitioner with regard to promotion was rejected. They would submit that as the name of the petitioner has already been considered and he has been promoted to the post of State Tax Officer pursuant to decision of DPC dated 16.11.2021, this petition has rendered infructuous.

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

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4

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5) In the relief clause, the petitioner has also claimed seniority as well as the monetary benefits attached to the post, therefore, this petition cannot be treated infructuous. Though the petitioner has been promoted to the post of Sales Tax Officer pursuant to decision of DPC dated 16.11.2021, as informed by the Advocates appearing for the respondents, the petitioner is permitted to make a representation before respondents No.1 & 2 claiming therein seniority with effect from 20.10.2020 alongwith the monetary benefits attached to the post. If such a representation is made, respondents No.1 & 2 shall decide it strictly in accordance with law, preferably within a period of 120 days from the date of receipt of a copy of this order.

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6) Accordingly, the present petition is disposed of. It is made clear that this Court has not expressed any opinion on the merits of the case.

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Sd/-

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(Rakesh Mohan Pandey) JUDGE

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Nimmi

Prabhakar Upadhyay, v. State of Chhattisgarh

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Prabhakar Upadhyay, v. State of Chhattisgarh

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