Prabhakar Upadhyay vs. State Of Chhattisgarh
Facts
The petitioner, Prabhakar Upadhyay, filed a writ petition seeking promotion to the post of State Tax Officer from the date of promotion of other officers, i.e., October 20, 2020, along with consequential benefits and seniority. The petitioner challenged an order dated March 12, 2021, passed by Respondent No. 1 (State of Chhattisgarh), which rejected his promotion claim. During the pendency of the petition, the petitioner was promoted to the post of State Tax Officer following a Departmental Promotion Committee (DPC) decision on November 16, 2021. However, the respondents contended that the petition had become infructuous due to the promotion. The petitioner argued that despite promotion, seniority and monetary benefits were not extended.
Held
The Court held that the writ petition could not be treated as infructuous because the petitioner was seeking seniority and monetary benefits from a retrospective date, which were not automatically granted upon promotion. The Court permitted the petitioner to make a representation to Respondents No. 1 & 2, seeking seniority from October 20, 2020, along with the associated monetary benefits. The Court directed Respondents No. 1 & 2 to decide this representation strictly in accordance with the law within 120 days of receiving a copy of the order. The Court explicitly stated that it had not expressed any opinion on the merits of the case. The operative direction was to consider the representation.
Key Issues
1. Whether the writ petition has become infructuous given the petitioner's subsequent promotion to the post of State Tax Officer? 2. Whether the petitioner is entitled to claim seniority and consequential monetary benefits from October 20, 2020, despite being promoted on November 16, 2021? The petitioner argued that the petition was not infructuous as it sought seniority and monetary benefits from a retrospective date, which were not yet granted. The petitioner requested permission to make a representation to Respondents No. 1 & 2 for reconsideration of their claim for seniority and monetary benefits. The respondents argued that the petition was infructuous because the petitioner had already been promoted, rendering the challenge to the earlier rejection order moot. They did not present arguments on the entitlement to retrospective seniority or monetary benefits.
AI-generated summary — verify with the full judgment below
1
CGHC010134902021
2026:CGHC:28166
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2745 of 2021 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
... Petitioner(s) versus 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 2 - Commissioner, State Tax, North Block Sector 19, Nawa Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Chhattisgarh Public Service Commission, Raipur, Through Its Secretary, Public Service Commission, Raipur, Shankar Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
... Respondent(s) For Petitioner/s : Ms. Apurva Goyal, Advocate holding the brief of Shri V.A. Goverdhan, Advocate. For Respondent/ State : Shri Kanwaljeet S
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