Prabhakar Upadhyay Vs State of Chhattisgarh (Chhattisgarh High Court)
The petitioner filed a writ petition challenging the order dated 12.03.2021 by which the department rejected his claim for promotion to the post of State Tax Officer. He sought reconsideration of his promotion with effect from 20.10.2020, the date on which other officers were promoted, along with all consequential benefits, including seniority. Alternatively, he sought consideration of his case for promotion on the basis of either four years’ Annual Confidential Reports (ACRs) or by including the ACR for 2014-15 of the Cooperative Department. The petitioner also prayed that, if promoted during the pendency of the petition, he be granted seniority with effect from 20.10.2020.
During the hearing, counsel for the petitioner submitted that, during the pendency of the writ petition, the petitioner had been promoted to the post of State Tax Officer pursuant to the decision of the Departmental Promotion Committee (DPC) dated 16.11.2021. It was, however, contended that although promotion had been granted, the petitioner had not been extended the benefits of seniority or the monetary benefits attached to the promotional post. Counsel requested that the petitioner be permitted to submit a representation before respondents Nos. 1 and 2 and that directions be issued for its consideration within a stipulated period in accordance with law.
