Direction to decide on proposals for sanctioning promotional posts within a specified time-bound period.

The Petitioner has served as a Chief Sanitary Inspector since 2008 at the Municipal Corporation, Ambikapur.

Under the applicable service rules, he is eligible for promotion to the post of Health Officer (Non-MBBS) after five years of service in the feeder cadre; however, despite over 17 years of service, he has not been promoted.

The Petitioner’s promotion is stalled because the post of Health Officer (Non-MBBS) has not yet been sanctioned for his municipality.

Procedural history shows that Respondent No. 3 (The Commissioner) forwarded a request to Respondent No. 2 (The Director) on 30.07.2025 seeking the sanction of the said post, which remains pending consideration.

The Petitioner approached the High Court seeking a Mandamus to expedite the sanction of the post and subsequent consideration for his promotion.

1. Whether the Court should direct the state authorities to decide on the pending proposal for the sanction/creation of the post of Health Officer (Non-MBBS) within a stipulated timeframe.

2. Whether the Petitioner is entitled to a direction for the consideration of his promotion immediately upon the sanction of the said post.

Chhattisgarh Municipal Corporation (Appointment and Conditions of Service of Officers and Employees) Rules, 2018.

Specifically, Schedule 4 of these Rules prescribes the eligibility criteria for promotion from the feeder cadre of Chief Sanitary Inspector to Health Officer (Non-MBBS), establishing a requisite service period of five years.

The Court also relied on the principle of administrative efficiency, emphasizing that pending proposals regarding service conditions should be decided expeditiously by the competent authority.

The Court observed that the Petitioner’s eligibility for the promotion under the 2018 Rules is not in dispute, as he has exceeded the five-year requirement by serving 17 years in the feeder cadre.

The Court noted the consensus between the parties: Respondent No. 3 admitted to sending a proposal for the sanction of the post, and the State (Respondent No. 2) acknowledged that this proposal is currently under consideration.

The Court reasoned that keeping the writ petition pending would serve no purpose since the administrative process for post-creation had already been initiated.

By applying the 2018 Rules to the facts, the Court found that the primary obstacle to the Petitioner's relief was administrative inaction on the sanctioning of the post, which necessitated a time-bound judicial direction to ensure the Petitioner’s statutory right to be considered for promotion was not indefinitely delayed.

The Court directed Respondent No. 2 (The Director, Directorate of Urban Administration and Development) to consider and take a final decision on the letter dated 30.07.2025 regarding the sanction of the post of Health Officer (Non-MBBS) in accordance with the law.

This decision must be made expeditiously, preferably within two months from the date of receipt of the order.