Sachin Kumar Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No.472 of 2015 Krishna Kumar Rathore S/o Late Salikram Rathore, aged about 52 years, R/o L.I.G. 66, Sharda Vihar Colony, P.S. Korba, Civil and Revenue District Korba, Chhattisgarh ---- Appellant versus

1. State of Chhattisgarh through Secretary, Department of Commercial Tax, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. Commissioner, Commercial Tax, Commercial Tax Building, Civil Line, Raipur, Distt. Raipur, Chhattisgarh

3. Additional Commissioner, Commercial Tax, Commercial Tax Building, Civil Line, Raipur, Chhattisgarh.

4. Shri Tapan Kumar Das, Sale Tax Inspector, O/o Dy. Commissioner, Sales Tax, Raipur, District Raipur, Chhattisgarh

5. Shri Augushta Lakada, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-1, Jagdalpur, District Bastar At Jagdalpur, Chhattisgarh

6. Shri Lakeshwar Prasad Joshi, Sale Tax Inspector, Commercial Tax Officer, Circle-5, Raipur, District Raipur, Chhattisgarh

7. Shri Krishna Kumar Sidar, Sale Tax Inspector, Commercial Tax Officer, Korea, District Korea, Chhattisgarh

8. Shri Shorabh Thakur, Sale Tax Inspector, O/o Commercial Tax Officer, Circle 1, Durg, District Durg, Chhattisgarh

9. Shri Vikas Choubey, Sale Tax Inspector, O/o Commercial Tax Officer, Ambikapur, District Surguja, Chhattisgarh 10.Shri Santosh Kumar Badge, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-2, Raigarh, District Raigarh, Chhattisgarh 11.Smt. Manisha Nayar, Sale Tax Inspector, O/o Commercial Tax Officer, Circle 2, Raipur, District Raipur, Chhattisgarh 12.Shri Dinesh Kumar Dhruw, Sale Tax Inspector, Commercial Tax Officer, Circle-1, Jagdalpur, District Bastar, Chhattisgarh 13.Shri Naresh Kumar Hurra, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-1, Jagdalpur, District Bastar, Chhattisgarh 14.Shri Rahul Tiwari, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-3, Raipur, District Raipur, Chhattisgarh 15.Shri Bhagat Khekhas, Sale Tax Inspector, O/o Commercial Tax Officer, Ambikapur, District Surguja, Chhattisgarh 16.

Priyal Gupta, Sale Tax Inspector, O/o Commercial Tax Officer, Korea, District Korea, Chhattisgarh 17.Smt. Sushila Tigga, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-5, Raipur, District Raipur, Chhattisgarh 18.Shri Vivek Pandey, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-1, Bilaspur, District Bilaspur, Chhattisgarh 19.Shri Suresh Kumar Navratan, Sale Tax Inspector, O/o Commercial Tax Officer, Ambikapur, District Surguja, Chhattisgarh 20.Shri Dyashankar Netam, Sale Tax Inspector, O/o Commercial Tax Officer, Circle-2, Jagdalpur, District Bastar, Chhattisgarh 21.

and Writ Appeal No.464 of 2015

1. Sachin Kumar Dewangan, son of Late Sita Ram Dewangan, aged about 52 years, Near Gayatri Mandir, Talapara Road, Vinayak Nagar, P.S. Civil Line, Bilaspur, District Bilaspur, Chhattisgarh

2. Om Prakash Shukla, son of Mahesh Prasad Shukla, aged about 50 years, D-75, Yadunandan Nagar, Tifra, P.S. Tifra, Bilaspur, District Bilaspur, Chhattisgarh ---- Appellants versus

1. State of Chhattisgarh, through Secretary, Department of Commercial Tax, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. Commissioner, Commercial Tax, Mantralaya Mahanadi Bhawan, Naya Raipur, Chhattisgarh

3. Additional Commissioner, Commercial Tax, Commercial Tax Building, Civil Line, Raipur, Chhattisgarh ---- Respondents For Appellants : Shri C.J.K. Rao, Advocate For Respondents/State : Shri U.N.S. Deo, Government Advocate Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Justice P. Sam Koshy Judgment on Board Per Navin Sinha, Chief Justice 8/10/2015 1.

The present appeals arise from a common order dated 11.8.2015 dismissing Writ Petition (S) No.2702 of 2013 and Writ Petition (S) No.1167 of 2013.

2.

At the very outset, Learned Counsel for the Appellants submits that the Appellants desire to approach the authorities for seeking relaxation in age for purposes of the departmental limited competitive examination for promotion to the post of Inspector in the Commercial Tax Department. 3.

In our opinion, issues for relaxation of age are more of policy matters for the employer to decide rather than for the Court to impose its views on the employer.

4.

If the Appellants submit any representation, it is for the Respondents to consider the same in their wisdom but in accordance with law without being influenced by our reluctance to entertain the writ appeal because of policy issues being involved. It may only be observed that there can never be an individual relaxation which itself would be violative of Article 14 of the Constitution.

5.

The writ appeals are disposed.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Subbu