Koriya (Baikunthpur), Chhattisgarh v. 1 - State Of Chhattisgarh Through The Secretary Revenue And Disaster Management Mahanadi Bhawan
Case Details
1 SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.06.26 17:21:22 +0530 2025:CGHC:27565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1257 of 2018 1 - Vijay Bahadur Singh S/o Shri Shivram Singh Aged About 58 Years Posted As Revenue Inspector Land Record Branch District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Revenue And Disaster Management Mahanadi Bhawan Mantralaya New Raipur Chhattisgarh., District : Chhattisgarh Raipur, 2 - The Commissioner ( Land Record ) Indravati Bhawan New Raipur Chhattisgarh : Chhattisgarh., Raipur, District 3 - The Additional Collector , Koriya District Koriya Chhattisgarh., District : Koriya Chhattisgarh (Baikunthpur), 4 - Ashok Kumar Singh , Posted As Naib Tahsildar , Through Collector Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Respondent(s) and WPS No. 1367 of 2018 1 - Shivnandan Saket S/o S/o Mallu Saket, Aged About 57 Years Working As Revenue Inspector, Presently Posted At Tahsil Pusaur, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Naya Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2 - Commissioner, Land Record Chhattisgarh, Indrawati Bhawan, 1st Block Naya Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 3 - Ram Gopal Sahu, S/o S/o J.R. Sahu, Posted At- Revenue Inspector, Regional Deputy Commissioner, Land Record Office, Raipur. (Gradation List Sr. No.-104), 2 District : Raipur, Chhattisgarh
Legal Reasoning
may gainfully refer to a recent decision of this Court in the case of Bihar State Electricity Board and Others v. Dharamdeo Das, 2024 SCC Online SC 1768, wherein it was observed as follows:- “18. It is no longer res integra that a promotion is effective from the date it is granted and not from the date when a vacancy occurs on the subject post or when the post itself is created. No doubt, a right to be considered for promotion has been treated by courts not just as a statutory right but as a fundamental right, at the same time, there is no fundamental right to promotion itself. In this context, we may profitably cite a recent decision in Ajay Kumar Shukla v. Arvind Rai, (2022) 12 SCC 579 where, citing earlier precedents in Director, Lift Irrigation Corporation Ltd. v. Pravat Kiran Mohanty, (1991) 2 SCC 295 and Ajit Singh v. State of Punjab, (1999) 7 scc 209, a three-Judge Bench observed thus: 41. This Court, time and again, has laid emphasis on right to be considered for promotion to be a fundamental right, as was held by K. Ramaswamy, J., 11 in Director, Lift Irrigation Corpn. Ltd. v. Pravat Kiran Mohanty in para 4 of the report which is reproduced below: ‘4……. There is no fundamental right to promotion, but an employee has only right to be considered for promotion, when it arises, in accordance with relevant rules. From this perspective in our view the conclusion of the High Court that the gradation list prepared by the corporation is in violation of the right of respondent-writ petitioner to equality enshrined under Article 14 read with Article 16 of the Constitution, and the respondent-writ petitioner was unjustly denied of the same is obviously unjustified.’ 42. A Constitution Bench in Ajit Singh v. State of Punjab, laying emphasis on Article 14 and Article 16(1) of the Constitution of India held that if a person who satisfies the eligibility and the criteria for promotion but still is not considered for promotion, then there will be clear violation of his/her’s fundamental right. Jagannadha Rao, J. speaking for himself and Anand, C.J., Venkataswami, Pattanaik, Kurdukar, JJ., observed the same as follows in paras 22 and 27: ‘Articles 14 and 16(1) : is right to be considered for promotion a fundamental right 22. Article 14 and Article 16(1) are closely connected. They deal with individual rights of the person. Article 14 demands that the ‘State shall not deny to any person equality before the law or the equal protection of the laws’. Article 16(1) issues a positive command that: ‘there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State’. 8. It has been held repeatedly by this Court that clause (1) 12 of Article 16 is a facet of Article 14 and that it takes its roots from Article 14. The said clause particularises the generality in Article 14 and identifies, in a constitutional sense “equality of opportunity” in matters of employment and appointment to any office under the State. The word “employment” being wider, there is no dispute that it takes within its fold, the aspect of promotions to posts above the stage of initial level of recruitment. Article 16 (1) provides to every employee otherwise eligible for promotion or who comes within the zone of consideration, a fundamental right to be “considered” for promotion. Equal opportunity here means the right to be “considered” for promotion. If a person satisfies the eligibility and zone criteria but is not considered for promotion, then there will be a clear infraction of his fundamental right to be “considered” for promotion, which is his personal right. “Promotion” based on equal opportunity and seniority attached to such promotion are facets of fundamental right under Article 16(1). * * * 27. In our opinion, the above view expressed in Ashok Kumar Gupta [Ashok Kumar Gupta v. State of U.P., (1997) 5 SCC 201, and followed in Jagdish Lal [Jagdish Lal v. State of Haryana, (1997) 6 SCC 538, and other cases, if it is intended to lay down that the right guaranteed to employees for being “considered” for promotion according to relevant rules of recruitment by promotion (i.e. whether on the basis of seniority or merit) is only a statutory right and not a fundamental right, we cannot accept the proposition. We have already stated earlier that the right to equal opportunity in the matter of promotion in the sense of a right to be “considered” for promotion is indeed a fundamental right guaranteed under Article 16(1) and this has never been doubted in any other case before Ashok Kumar Gupta [Ashok Kumar Gupta v. State of U.P.], right from 1950.’ 13 “20. In State of Bihar v. Akhouri Sachindra Nath, 1991 Supp (1) SCC 334, it was held that retrospective seniority cannot be given to an employee from a date when he was not even borne in the cadre, nor can seniority be given with retrospective effect as that might adversely affect others. The same view was reiterated in Keshav Chandra Joshi v. Union of India, reported 1992 Supp (1) SCC 272, where it was held that when a quota is provided for, then the seniority of the employee would be reckoned from the date when the vacancy arises in the quota and not from any anterior date of promotion or subsequent date of confirmation. The said view was restated in Uttaranchal Forest Rangers’ Assn. (Direct Recruit) v. State of U.P, (2006) 10 SCC 346, in the following words: ‘37. We are also of the view that no retrospective promotion or seniority can be granted from a date when an employee has not even been borne in the cadre so as to adversely affect the direct recruits appointed validly in the meantime, as decided by this Court in Keshav Chandra Joshi v. Union of India held that when promotion is outside the quota, seniority would be reckoned from the date of the vacancy within the quota rendering the previous service fortuitous. The previous promotion would be regular only from the date of the vacancy within the quota and seniority shall be counted from that date and not from the date of his earlier promotion or subsequent confirmation. In order to do justice to the promotes, it would not be proper to do injustice to the direct recruits…… 38. This Court has consistently held that no retrospective promotion can be granted nor can any seniority be given on retrospective basis from a date when an employee has not even been borne in the 14 cadre particularly when this would adversely affect the direct recruits who have been appointed validity in the meantime.” (emphasis supplied)” 9. Taking into consideration the above-stated facts and the law laid down by the Hon’ble Supreme Court, no notional benefits can be extended where promotion is claimed after retirement; therefore, both petitions are hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge $iddhant
Arguments
4 - Shri Anjori Ram Deshmukh, S/o S/o Rama Deshmukh, Posted At- Revenue Inspector, Collectorate, Land Record Office, Baloda Bazar, (Gradation List Sr. No. 105), District : Balodabazar-Bhathapara, Chhattisgarh 5 - Vedram Chaturvedi, S/o S/o Parsuram Chaturvedi, Posted At- Revenue Inspector, Collectorate, Land Record Office, Korba. (Gradation List Sr. No. 106), District : Korba, Chhattisgarh 6 - Parth Prasad Diwedi, S/o S/o Ramgulam, Posted At- Revenue Inspector, Collectorate, Land Record Office, Raipur. (Gradation List Sr. No. -107), District : Raipur, Chhattisgarh 7 - Bharatlal Kamendra, S/o S/o Mohanlal, Posted At- Revenue Inspector, Collectorate, Land Record Office, Raipur. (Gradation List Sr. No. -108), District : Raipur, Chhattisgarh 8 - Awadh Ram Ghrutlehre, S/o S/o Firatram, Posted At- Revenue Inspector, Collectorate, Land Record Office, Kabirdham (Gradation List Sr. No. -109), District : Kawardha (Kabirdham), Chhattisgarh 9 - Shri Prakash Kumar Masih, S/o S/o Shri Girdhari, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Kanker (Gradation List Sr. No. -112), District : Kanker, Chhattisgarh 10 - Shri Ramlal Sahu, S/o S/o Shri Harkhuram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Mahasamund (Gradation List Sr. No. -113), District : Mahasamund, Chhattisgarh 11 - Shri Chandrika Prasad Sinha, S/o S/o Shri Ganesh Ram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raipur. (Gradation List Sr. No. -114), District : Raipur, Chhattisgarh 12 - Shri Santram Vishwakarma, S/o S/o Shri Jhumuklal, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Balodabazar (Gradation List Sr. No. -115), District : Balodabazar-Bhathapara, Chhattisgarh 13 - Shri Harishankar Patel, S/o S/o Shri Ramchandra Patel, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Mahasamund (Gradation List Sr. No. -116), District : Mahasamund, Chhattisgarh 14 - Shri Dasharam Patel, S/o S/o Shri Jijova Patel, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raipur. (Gradation List Sr. No. -117), District : Raipur, Chhattisgarh 15 - Shri Baliram Shau, S/o S/o Shri Pratapram Sahu, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Janjgir Champa (Gradation List Sr. No. -118), District : Janjgir-Champa, Chhattisgarh 16 - Shri Aatmaram Tande, S/o S/o Shri Lekhram Tande, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Janjgir Champa (Gradation List Sr. No. -119), District : Janjgir-Champa, Chhattisgarh 17 - Shri Satyanarayan Dewangan, S/o S/o Shri Sunderlal, Posted At- Revenue 3 Inspector, Revenue Records Collectorate, Revenue Records Office, Janjgir Champa (Gradation List Sr. No. -120), District : Janjgir-Champa, Chhattisgarh 18 - Shri Ghanshyam Prasad Dhimar, S/o S/o Firatram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -121), District : Bilaspur, Chhattisgarh 19 - Shri Shivkumar Patel, S/o S/o Shri Rewachandra Singh Patel, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -122), District : Bilaspur, Chhattisgarh 20 - Shri Fagulal Dewangan, S/o S/o Shri Shyamlal, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Balodabazar (Gradation List Sr. No. -123), District : Balodabazar-Bhathapara, Chhattisgarh 21 - Shri Dayaram Sahu, S/o S/o Shri Bhukhanlal, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Dhamtari (Gradation List Sr. No. -124), District : Dhamtari, Chhattisgarh 22 - Shri Heeralal Dewangan, S/o S/o Shri P.L. Dewangan, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -125), District : Bilaspur, Chhattisgarh 23 - Shri Ramsewak Soni, S/o S/o Shri Nathuram Soni, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Korba (Gradation List Sr. No. -126), District : Korba, Chhattisgarh 24 - Shri Parmanand Kaushik, S/o S/o Shri Gangaram Kaushik, Posted At- Revenue Inspector, Regional Deputy Commissioner, Revenue Records Office, Kanker (Gradation List Sr. No. -127), District : Kanker, Chhattisgarh 25 - Shri Ramdayal Thakur, S/o S/o Shri Motiram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Kabirdham (Gradation List Sr. No. -128), District : Kawardha (Kabirdham), Chhattisgarh 26 - Shri Akhilesh Kumar, S/o S/o Shri A.R. Vishwakarma, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Janjgir Champa (Gradation List Sr. No. -129), District : Janjgir-Champa, Chhattisgarh 27 - Shri Bhagwandas Dwivedi, S/o S/o Shri Balaprasad, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Mungeli (Gradation List Sr. No. -130), District : Mungeli, Chhattisgarh 28 - Shri Suresh Kumar Nigam, S/o S/o Shri Awadh Kumar, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Dantewada (Gradation List Sr. No. -131), District : Dantewada, Chhattisgarh 29 - Shri Bholaprasad Gupta, S/o S/o Shri Bandiprasad, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Dantewada (Gradation List Sr. No. -132), District : Dantewada, Chhattisgarh 30 - Shri Gokul Prasad Dinkar, S/o S/o Shri Ramratan, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -133), District : Raigarh, Chhattisgarh 4 31 - Shri Shivkant Dixit, S/o S/o Shri Krishna Kumar, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Dantewada (Gradation List Sr. No. -134), District : Dantewada, Chhattisgarh 32 - Shri Mansharam Nayak, S/o S/o Shri Parshuram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Dhamtari (Gradation List Sr. No. -135), District : Dhamtari, Chhattisgarh 33 - Shri Bharatlal Brahme, S/o S/o Shri Chandanlal, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Durg (Gradation List Sr. No. -136), District : Durg, Chhattisgarh 34 - Shri Ghanshyam Shende, S/o S/o Shri Motiram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Rajnandgaon (Gradation List Sr. No. -137), District : Rajnandgaon, Chhattisgarh 35 - Shri Fagulal Sidar, S/o S/o Shri Sitaram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -169), District : Raigarh, Chhattisgarh 36 - Shri Mila Lal Kulmitra, S/o S/o Shri Poonaram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Mungeli (Gradation List Sr. No. -170), District : Mungeli, Chhattisgarh 37 - Shri Govind Ram Kashyap, S/o S/o Shri Bhulauram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Janjgir Champa (Gradation List Sr. No. -171), District : Janjgir-Champa, Chhattisgarh 38 - Shri Jawahar Singh Marco, S/o S/o Shri Ranmat Singh Marco, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Korba (Gradation List Sr. No. -172), District : Korba, Chhattisgarh 39 - Shri Bhushanlal Dixena, S/o S/o Shri Sammanlal, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Korba (Gradation List Sr. No. -173), District : Korba, Chhattisgarh 40 - Shri Kantikumar Yadav, S/o S/o Shri Laxmi Prasad, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Janjgir Champa (Gradation List Sr. No. -174), District : Janjgir-Champa, Chhattisgarh 41 - Shri Budhwar Singh Sidar, S/o S/o Shri Bir Singh, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Janjgir Champa (Gradation List Sr. No. -175), District : Janjgir-Champa, Chhattisgarh 42 - Shri Sushil Kumar Kulmitra, S/o S/o Shri Jagganath, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -176), District : Bilaspur, Chhattisgarh 43 - Shri Gajpati Sidar, S/o S/o Shri Bharat Sidar, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -177), District : Bilaspur, Chhattisgarh 44 - Shri Teerath Ram Kashyap, S/o S/o Shri Awadhram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -178), District : Raigarh, Chhattisgarh 5 45 - Shri Madan Singh Uikey, S/o S/o Shri Bhuwan Singh, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Mungeli (Gradation List Sr. No. -179), District : Mungeli, Chhattisgarh 46 - Shri Daljit Ram, S/o S/o Shri Deoman Ram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Balrampur (Gradation List Sr. No. -180), District : Balrampur, Chhattisgarh 47 - Shri Rajkumar Tiwari, S/o S/o Shri Badriprasad, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -181), District : Bilaspur, Chhattisgarh 48 - Shri Diwakar Prasad Pandey S/o S/o Shri Bhawograhi, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Kondagaon (Gradation List Sr. No. -182), District : Kondagaon, Chhattisgarh 49 - Shri Ramavatar Singh, S/o S/o Shri Banthulal Singh, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -183), District : Raigarh, Chhattisgarh 50 - Shri Raghunath Prasad Rathore, S/o S/o Shri Panchram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Janjgir Champa (Gradation List Sr. No. -184), District : Janjgir-Champa, Chhattisgarh 51 - Shri Deviprasad Gautam, S/o S/o Shri Ramnarayan, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Surajpur (Gradation List Sr. No. -185), District : Surajpur, Chhattisgarh 52 - Shri Santosh Kumar Shukla, S/o S/o Shri Sabhapati Ram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -186), District : Raigarh, Chhattisgarh 53 - Shri Chintaram Bharti, S/o S/o Shri Firturam Bharti, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Dhamtari (Gradation List Sr. No. -187), District : Dhamtari, Chhattisgarh 54 - Shri Nanhu Ram Jhanghel, S/o S/o Shri Horilal Jhangel, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Rajnandgaon (Gradation List Sr. No. -188), District : Rajnandgaon, Chhattisgarh 55 - Shri Pitamber Dewangan, S/o S/o Shri Roopsai Dewangan, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Baloda Bazar (Gradation List Sr. No. -189), District : Balodabazar-Bhathapara, Chhattisgarh 56 - Shri Moolchand Dubey, S/o S/o Shri Dayaram Dubey, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raipur (Gradation List Sr. No. -190), District : Raipur, Chhattisgarh 57 - Shri Sunder Singh Aarmo, S/o S/o Shri Kartikram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -191), District : Raigarh, Chhattisgarh 6 58 - Shri Brij Kumar Tiwari, S/o S/o Shri Motilal, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -192), District : Raigarh, Chhattisgarh 59 - Shri Tulsidad Saket, S/o S/o Shri Kushal Singh, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Mungeli (Gradation List Sr. No. -193), District : Mungeli, Chhattisgarh 60 - Shri Chedi Lal Dewangan, S/o S/o Shri Teejram Dewangan, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Korba (Gradation List Sr. No. -194), District : Korba, Chhattisgarh 61 - Shri Rambhajan Soni, S/o S/o Shri Siyaram Soni, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -195), District : Raigarh, Chhattisgarh 62 - Shri D.R. Sahu, S/o S/o Shri M.L. Sahu, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raipur (Gradation List Sr. No. -196), District : Raipur, Chhattisgarh 63 - Shri Ambika Prasad Sharma, S/o S/o Shri Sunderlal, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -197), District : Bilaspur, Chhattisgarh 64 - Shri Abhilal Chouhan, S/o S/o Shri Bodhiram Chouhan, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -198), District : Raigarh, Chhattisgarh 65 - Shri Krishna Kumar Sharma, S/o S/o Shri Tulsi Prasad, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Baloda Bazar (Gradation List Sr. No. -199), District : Balodabazar-Bhathapara, Chhattisgarh 66 - Shri Guru Prasad Pradhan, S/o S/o Shri Panda Pradhan, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -200), District : Raigarh, Chhattisgarh 67 - Shri Moreshwar Lal Sahu, S/o S/o Shri Tukeshwar Sahu, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raipur (Gradation List Sr. No. -201), District : Raipur, Chhattisgarh 68 - Shri Om Prakash Tiwari, S/o S/o Shri Sudershan Tiwari, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -202), District : Bilaspur, Chhattisgarh 69 - Shri Maksudhan Prasad, S/o S/o Shri Teerath Prasad Mishra, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -203), District : Raigarh, Chhattisgarh 70 - Shri Sohanlal, S/o S/o Shri Jeevanlal Dahiya, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -204), District : Koriya (Baikunthpur), Chhattisgarh 71 - Shri Ripusudan Prasad Upadhyay, S/o S/o Shri Akhandprasad, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, 7 Jashpur (Gradation List Sr. No. -205), District : Jashpur, Chhattisgarh 72 - Shri Umesh Kumar Tiwari, S/o S/o Shri Bholeshwar Nath, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -206), District : Bilaspur, Chhattisgarh 73 - Shri Gopal Prasad Yadav, S/o S/o Shri Dayaram Yadav, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Janjgir Champa (Gradation List Sr. No. -207), District : Janjgir-Champa, Chhattisgarh 74 - Shri Devcharan Rajwade, S/o S/o Shri Malariram, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Surajpur (Gradation List Sr. No. -208), District : Surajpur, Chhattisgarh 75 - Shri Ganesh Gritlehare, S/o S/o Shri Devendra Nath, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Balodabazar (Gradation List Sr. No. -209), District : Balodabazar-Bhathapara, Chhattisgarh 76 - Shri Nemchand Mahobia, S/o S/o Shri Niranjan Prasad, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Dantewada (Gradation List Sr. No. -210), District : Dantewada, Chhattisgarh 77 - Shri Horilal Mishra, S/o S/o Shri Chandrika Mishra, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Baloda Bazar (Gradation List Sr. No. -211), District : Balodabazar-Bhathapara, Chhattisgarh 78 - Shri Shankeshwar Singh Thakur S/o S/o Shri Ganpati Singh, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -212), District : Bilaspur, Chhattisgarh 79 - Shri Sitaram Kanwar, S/o S/o Shri Nohar Singh Kanwar, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -213), District : Bilaspur, Chhattisgarh 80 - Shri Horilal Sahu, S/o S/o Shri Ramlal Sahu, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -214), District : Bilaspur, Chhattisgarh 81 - Shri Bhagwan Das Kushwaha, S/o S/o Shri Horilal, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Koriya (Gradation List Sr. No. -215), District : Koriya (Baikunthpur), Chhattisgarh 82 - Shri Shrikant Pandey, S/o S/o Shri Vishambher Pandey, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Koriya (Gradation List Sr. No. -216), District : Koriya (Baikunthpur), Chhattisgarh 83 - Shri Nanhuram Sarthi, S/o S/o Shri Asharam, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Raigarh (Gradation List Sr. No. -217), District : Raigarh, Chhattisgarh 84 - Shri Ramesh Kumar Mishra, S/o S/o Shri Samaylal Mishra, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Bilaspur (Gradation List Sr. No. -218), District : Bilaspur, Chhattisgarh 8 85 - Shri Narendra Singh, S/o S/o Shri Kalosh Singh, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Koriya (Gradation List Sr. No. -219), District : Koriya (Baikunthpur), Chhattisgarh 86 - Shri Ram Milan Sharma, S/o S/o Shri Madhav Prasad Sharma, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Koriya (Gradation List Sr. No. -220), District : Koriya (Baikunthpur), Chhattisgarh 87 - Shri Desh Kumar Kurre, S/o S/o Shri Puran Das Kurre, Posted At- Revenue Inspector, Revenue Records Collectorate, Revenue Records Office, Durg (Gradation List Sr. No. -221), District : Durg, Chhattisgarh (Cause Title is taken from Case Information System) --- Respondent(s) WPS No. 1257 of 2018 For Petitioner For State For Respondent No. 4 WPS No. 1367 of 2018 For Petitioner For State For Respondent No. 20 For Respondent No. 65 : Mr. Vikash Shrivastava, Advocate : Mr. Pramod Shrivastava, Dy. Government Advocate : Mr. Dashrath Prajapati, Advocate : Mr. Sajal Gupta, Advocate holding the brief of Mr. Sourabh Dangi, Advocate : Mr. Pramod Shrivastava, Dy. Government Advocate : Dr. Sudeep Agrawal, Advocate : Mr. Gyan Prakash Shukla, Advocate holding the brief of Mr. Alok Tiwari, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25. 06.2025 1. In WPS No. 1257 of 2018, the petitioner has challenged the promotion order dated 12.01.2018, whereby respondent No. 4 was granted promotion to the post of Naib Tehsildar. 2. In WPS No. 1367 of 2018, the petitioner has challenged the order dated 12.01.2018, wherein the private respondents were granted promotion to the post of Naib Tehsildar, who were juniors to the petitioner and the petitioner is claiming promotion to the post of Naib Tahsildar. 3. In WPS No. 1257 of 2018, learned counsel for the petitioner would submit that the petitioner was appointed to the post of Revenue Inspector vide 9 order dated 20.07.1982. The gradation list was prepared on 01.04.2016. The name of the petitioner was placed at serial No. 146 and the name of respondent No. 4 was at serial No. 149 in the gradation list. He would contend that respondent No. 4 was promoted to the post of Naib Tahsildar vide order dated 12.01.2018 but the name of the petitioner was not considered. He would pray that a direction may be issued to the respondent authorities to consider the claim of the petitioner for promotion. 4. In WPS No. 1367 of 2018, learned counsel for the petitioner would submit that the petitioner was promoted to the post of Revenue Inspector in the year 1997. The gradation list was prepared on 01.04.2016 and the name of the petitioner was placed at serial No. 222 and the names of the private respondents were placed above the petitioner without following the rule of seniority. He would contend that the private respondents, who were juniors to the petitioner were promoted to the post of Naib Tahsildar vide order dated 12.01.2018 but the name of the petitioner was not considered. He would pray that a direction may be issued to the respondent authorities to consider the claim of the petitioner for promotion. 5. On the other hand, learned counsels appearing for the respondents would oppose. They would submit that the petitioner(s) have got superannuated from their services. They would further submit that after retirement, the claim of the petitioner(s) for promotion cannot be considered as per the law laid down by the Hon’ble Supreme Court in the matter of Government of West Bengal & Ors. vs. Dr. Amal Satpathi & Ors., 2024 (14) SCALE 294. 6. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 7. In the matter of Dr. Amal Satpathi (supra), the Hon’ble Supreme Court 10 has categorically held that the claim of the Government Servant with regard to promotion cannot be considered after retirement, in paragraphs 15 & 19, as under:- “15. The primary question that arises for our consideration in the present appeal is whether respondent No.1, who was recommended for the promotion before his retirement but did not receive actual promotion to the higher post due to administrative delays, is entitled to notional financial benefits of the promotional post after his retirement? 19. It is a well settled principle that promotion becomes effective from the date it is granted, rather than from the date a vacancy arises or the post is created. While the Courts have recognized the right to be considered for promotion as not only a statutory right but also a fundamental right, there is no fundamental right to the promotion itself. In this regard, we