Court directs State to consider Sub Inspectors (Radio) for promotion as on January 1, 2025, affirming statutory provisions under Public Services Promotion Rules, 2003.
In a significant judgment delivered on September 1, 2026, the Chhattisgarh High Court (Division Bench comprising Chief Justice Mr. Ramesh Sinha and Justice Ravindra Kumar Agrawal) ruled in favor of police personnel challenging the State's method of calculating qualifying service for promotion. The case, Om Prakash Dewangan and Others vs. State of Chhattisgarh, clarified that the qualifying service for promotion is to be computed from the calendar year in which an employee joins the feeder cadre, rather than from the actual date of joining.
The appellants, appointed as Sub Inspectors (Radio) in November 2017, sought promotion to the rank of Inspector (Radio), which under the Chhattisgarh Police Executive (Non-Gazetted) Service Recruitment Rules, 2021, requires a minimum of eight years' qualifying service in the feeder post. While the appellants claimed to have completed eight years of service by the calendar year 2024 (by counting the entire year 2017 as the first year), the State contended that their eligibility could only be reckoned from their actual joining dates in November 2017, thus making them eligible only from January 1, 2026.
The Single Judge had dismissed the writ petition filed by the appellants, accepting the State's argument and holding that the eight years' service requirement would be completed only in October 2025, rendering the appellants eligible from January 1, 2026. Aggrieved, the appellants filed the intra-Court appeal before the Division Bench.
The High Court examined Rule 6(2) of the Chhattisgarh Public Services (Promotion) Rules, 2003, which explicitly states in its Explanation that the period of qualifying service shall be counted from the calendar year in which the employee joined the feeder cadre and not from the actual date of joining. The Court noted that the rule-making authority deliberately prescribed this method of computation.
Rejecting the State's contention, the Division Bench held that the appellants had completed the requisite eight years of qualifying service by the end of 2024, making them eligible for promotion consideration as on January 1, 2025. The Court emphasized that the Departmental Promotion Committee (DPC) must consider the appellants' cases for promotion in accordance with these rules, subject to other eligibility conditions and availability of vacancies.
The Court further observed that the appellants were senior in the gradation list and that seven posts of Inspector (Radio) were vacant, strengthening their claim for promotion. It was also highlighted that other wings of the Police Department had been granting the benefit of counting service from the calendar year, and denying this to the appellants was arbitrary and discriminatory.
The judgment sets a precedent ensuring uniform application of promotion eligibility criteria and upholds the statutory provisions framed under Article 309 of the Constitution. The Chhattisgarh High Court's decision directs the State authorities to convene the DPC promptly and consider the appellants' promotion cases with all consequential benefits.
This verdict is expected to have far-reaching implications for service law and promotion policies in government departments, ensuring clarity and fairness in calculating qualifying service for promotions.
Bottom Line:
Service Law - Calculation of qualifying service for promotion to be reckoned from the calendar year of joining the feeder cadre, not the actual date of joining.
Statutory provision(s):
Chhattisgarh Public Services (Promotion) Rules, 2003 Rule 6(2), Explanation; Chhattisgarh Police Executive (Non-Gazetted) Service Recruitment Rules, 2021 Rule 15, Rule 16, Schedule-IV
Om Prakash Dewangan v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2972295
