1 2025:CGHC:2961 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2208 of 2024 1 - Sheikh Mahboob Murshed, S/o Shri Sheikh Moidul, Aged About 45 Years, Posted As Head Constable (Driver), MT Pool, R/o Sedar-18, Housing Board Colony, Boria Kalan, District - Raipur, Chhattisgarh. 2 - Shiv Prasad Rajwade, S/o Late Sonsay Rajwade, Aged About 55 Years, Posted As Head Constable (Driver), MT Pool, R/o Near Aakash Kirana Store, Ekta Nagar, Temri, Mana Camp, District - Raipur, Chhattisgarh. 3 - Bhuneshwar Mishra, S/o Late Shri Bam Shankar Mishra, Aged About 48 Years, Posted As Head Constable (Driver), MT Pool, R/o 4th Batallion, New Jameen, Mana Camp, District - Raipur, Chhattisgarh. 4 - Ashok Ram Kumhar, S/o Shri Ramdhari Ram Kumhar, Aged About 50 Years, Posted As Head Constable (Driver), MT Pool, R/o H.No. 903/1, Block - D, Ward No. 4, Gali No. 3, Gaya Nagar, District - Durg, Chhattisgarh. 5 - Sevan Kumar Yadav, S/o Shri Derha Ram Yadav, Aged About 50 Years, Posted As Head Constable (Driver), MT Pool, R/o A/12, Ward No. 06, New Jameen, Mana Camp, District - Raipur, Chhattisgarh. --- Petitioners versus 1 - State of Chhattisgarh through The Secretary, Department of Home, Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District - Raipur, Chhattisgarh. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.21 20:19:27 +0530 2 2 - Director General of Police, Chhattisgarh Police Headquarters, Naya Raipur, Chhattisgarh. 3 - Additional Director General of Police (Administration), Chhattisgarh Police Headquarters, Naya Raipur, Chhattisgarh. --- Respondents WPS No. 3204 of 2024 1 - Aghan Prasad Bandhe, S/o Shiv Baghas Bandhe, Aged About 59 Years, Posted As Head Constable (Mechanic) MT Pool R/o H- 8/14, Police MT Workshop Colony, Police Line District- Raipur ( C.G.). 2 - Rajesh Kumar Shukla, S/o Shri Shiv Kumar Shukla, Aged About 49 Years, Posted As Head Constable (Mechanic) MT Pool R/o House No. 51/1813, Sumit Nagar, Krishna Nagar, Santoshi Nagar, District- Raipur (C.G.). 3 - Surendra Singh Sikarwar, S/o Roshan Singh Sikarwar, Aged About 48 Years, Posted As Head Constable (Mechanic) MT Pool R/o Maa Bhawani Chowk, Guru Ghasi Das Ward No. 28, Jagdalpur District- Bastar (C.G.). 4 - Dileep Kumar Rathore, S/o Shri Tej Ram Rathore, Aged About 50 Years, Posted As Head Constable (Mechanic) MT Pool R/o Civil Line, Police MT Workshop, District- Bilaspur (C.G.). 5 - Narayan Singh Markam, S/o Shri Chait Ram Markam, Aged About 50 Years, Posted As Head Constable Mechanic) MT Pool R/o-G-1/2, Police MT Workshop Colony, Police Line, District- Raipur (C.G.). ---Petitioners versus 1 - State of Chhattisgarh through the Secretary, Department of Home Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District- Raipur Chhattisgarh. 2 - Director General of Police, Chhattisgarh Police Headquarters, Naya Raipur Chhattisgarh. 3 3 - Additional Director General of Police ( Administration), Chhattisgarh Police Headquarters, Naya Raipur, Chhattisgarh. --- Respondents For Petitioners : Mr. Vaibhav Tiwari, Advocate For Respondents : Mr. Suyashdhar Badgaiya, Dy. G.A. Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board 16.01.2025 1. Heard Mr. Vaibhav Tiwari, learned counsel for the petitioners as well as Mr. Suyashdhar Badgaiya, learned Deputy Government Advocate, appearing for the State/respondents. 2. The issues involved in both the writ petitions being common, they have been heard together and are being disposed by a common order. 3. In WPS No. 2208 of 2024, the petitioners have prayed for following reliefs:- “i. A writ and/or an order in the nature of appropriate writ calling the relevant records relating to the petitioners' case for its kind perusal. ii. A writ and/or an order in the nature of appropriate writ directing the Respondent authorities to issue the orders of promotion of candidates selected for promotion to the vacant posts of Assistant Sub-Inspector (MT) 4 (Driver) as per the Select List for Year 2022 dated 23.09.2022 (Annexure P-1) for promotion from the post of Head Constable (MT) (Driver) to Assistant Sub- Inspector (MT) (Driver). And/Or iii. A writ and order in the nature of appropriate writ directing the Respondent Authorities to decide the representation of the Petitioners dated 27.02.2024. iv. Any other relief as deemed fit by this Hon'ble Court may also be granted in favour of the petitioner.” 4. In WPS No. 3204 of 2024, the petitioners have prayed for following reliefs:- “i. A writ and/or an order in the nature of appropriate writ calling the relevant records relating to the petitioners' case for its kind perusal. ii. A writ and/or an order in the nature of appropriate writ directing the Respondent authorities to issue the orders of promotion of candidates selected for promotion to the vacant posts of Assistant Sub-Inspector (MT) (Mechanic) as per the Select List for Year 2022 dated 29.03.2022 (Annexure P-1) for promotion from the post of Head Constable (MT) (Mechanic) to Assistant Sub-Inspector (MT) (Mechanic). And/Or 5 iii. A writ and order in the nature of appropriate writ directing the Respondent Authorities to decide the representations of the Petitioners dated 01.04.2024 and 02.04.2024 (Annexure P- 6 (colly)). iv. Any other relief as deemed fit by this Hon'ble Court may also be granted in favour of the petitioner.” 5. Brief facts of both the cases, for disposal of the writ petitions are that, the petitioners are currently posted as Head Constables (Driver) as well as (Mechanic) in the Motor Transport Pool under the Police Headquarters. Vide order dated 13.06.2022, a Departmental Promotion committee was constituted to conduct the promotion as per the procedure and requirements laid down in G.O.P. No.56/93 dated 20.10.1993. Thereafter, the promotion process for promotion from the post of Head Constable (Motor Transport) to Assistant Sub Inspector (Motor Transport) taken place and a select list for the Year 2022 was prepared on 23.09.2022 vide Annexure P/1 and the petitioners were selected in Serial Nos.14, 18, 24, 25 and 27 in WPS No.2208 of 2024 as well as the names of petitioners finds place at Serial Nos.1 to 5 in WPS No.3204 of 2024. As per G.O.P. No.56/93 dated 20.10.1993 governing the promotion from Head Constable (Motor Transport) to Assistant Sub Inspector (Motor Transport), a select list was prepared keeping in mind the probable posts becoming vacant in 6 the next one year and further 25 percent of the said number to provide for exigencies. When the select list with respect to the petitioners was prepared on 23.09.2022, the posts were left vacant and the respondent authorities should have passed the order of promotion without any delay, but the respondent authorities have not done. Thereafter, the petitioners have made a representations dated 27.02.2024, 01.04.2024 and 02.04.2024 to the Director General of Police, Police Headquarters, Chhattisgarh apprising him about the injustice faced by them as the select list was prepared on 23.09.2022 and the petitioners have not been considered till date. However, no action has been taken by the authorities on the representations made by the petitioners. Hence, both the writ petitions have been filed by the respective petitioners. 6. Mr. Vaibhav Tiwari, learned counsel for the petitioners submits that the petitioners are working on the post of Head Constable (Motor Transport) and they are eligible in all respects for promotion to the post of Assistant Sub Inspector (Motor Transport). He further submits that on the basis of their eligibility, a select list was prepared vide Annexure P/1 and the names of the petitioners find place at Serial Nos.14, 18, 24, 25 and 27 in WPS No.2208 of 2024 and Serial Nos.1 to 5 in WPS No.3204 of 2024, which was issued by the Additional Deputy Inspector General of Police vide order dated 23.09.2022. It has been 7 contended that since the petitioners were selected, they were waiting for their promotion, however, no promotion order was passed in respect of the petitioners to the post of Assistant Sub Inspector (Motor Transport) in spite of the fact that they were found eligible in all respect for promotion to the post of Assistant Sub Inspector (Motor Transport). It has been further contended that after issuance of said select list, post of Assistant Sub Inspector (Motor Transport) was lying vacant before the authorities, as such, without any reason the petitioners were not promoted. It is argued by learned counsel for the petitioners that according to General Administration Department’s Circulars dated 16.02.2015, 13.07.2015 and 15.01.2021, the respondents are under obligation to promote the petitioners, however, this has not been done in spite of repeated requests made by the petitioners. It is further argued that even without considering the said select list, the petitioners are still eligible in all respect for promotion to the post of Assistant Sub Inspector (Motor Transport), but the respondents are depriving the petitioners for promotion without any lawful reasons. He placed his reliance in the judgment rendered by this Court in WPS No.5785 of 2021; parties being, Abhishek Kumar Pandey & Others v. State of Chhattisgarh and Others; passed on 07.10.2021 stating that in the said case, identical issue was involved. 7. On the other hand, Mr. Suyashdhar Badgaiya, learned State 8 counsel appearing for the State submits that though the petitioners are selected for promotion to the post of Assistant Sub Inspector (Motor Transport), but the said select list has been expired and after completion of 18 months for publishing the said select list, the petitioners cannot claim promotion to the post of Assistant Sub Inspector (Motor Transport) on the basis of said select list. He further submits that petitioners can be promoted on the basis of recommendation of the Departmental Promotion Committee. However, it has not been disputed that the petitioners are not eligible for promotion to the post of Assistant Sub Inspector (Motor Transport). 8. At this stage, Mr. Tiwari, learned counsel for the petitioners has drawn the attention of this Court to paragraph-11 of the G.O.P. No.56/93 dated 20.10.1993, according to which, if the select list has been prepared, it will be valid for 18 months and if no order has to be passed even a new select list would be prepared, the names of the persons, who are in the select list, they will be considered again. However, if on the said period, there is any adverse remark in the service record of the concerned person, then, they will be declared ineligible, and if there is no adverse remark in the service record of the concerned person, he will not be required to again appear in the test. 9. I have heard and considered the rival submissions advanced on 9 behalf of the respective parties and perused the documents annexed with the writ petitions. 10. From the aforesaid arguments advanced on behalf of the parties as well as after perusal of the G.O.P. No.56/93 dated 20.10.1993, there is no doubt that the petitioners were selected, but they could not be promoted to the post of Assistant Sub Inspector (Motor Transport). It is also not in dispute that the select list was prepared on 23.09.2022 and period of 18 months have already been expired, as such, considering the G.O.P. No.56/93 dated 20.10.1993 wherein it has been specifically provided that if subsequently no adverse remark has been made against any of the concerned person, they will not be required to again appear in the test and they will be considered by the authorities for grant of promotion. 11. The learned State counsel is also having no objection to the said factual matrix of the case and he has submitted that if the petitioners were found eligible in all respect, they will not required to appear in further test and they will be considered for promotion to the post of Assistant Sub Inspector (Motor Transport) on the basis of earlier select list, in which their names find place at Serial Nos.14, 18, 24, 25 and 27 in WPS No.2208 of 2024 and Serial Nos.1 to 5 in WPS NO.3204 of 2024. 12. Upon query made by the Court, learned State counsel has stated 10 that the said exercise will be done within a period of 4 moths and by that time, they will pass appropriate orders in respect of promotion to the post of Assistant Sub Inspector (Motor Transport). 13. Considering the overall facts and circumstances of the case as well as further considering the argument advanced on behalf of learned State counsel, it is directed that the respondents shall consider and decide the case of the petitioners for grant of promotion to the post of Assistant Sub Inspector (Motor Transport) expeditiously, preferably within a period of 4 months from the date of receipt of certified copy of this order. 14. In the result, the writ petitions are allowed to the extent indicated herein-above. There shall be no order as to cost(s). Sd/- (Amitendra Kishore Prasad) Judge Yogesh