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2025 DAILYLAW 27090 (CHH)

LAKHURAM MARKAM v. STATE OF CHHATTISGARH

WPS/5449/2023 · 2025-09-01

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:44726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5449 of 2023 1 - Lakhuram Markam S/o Sonau Ram Markam, Aged About 34 Years R/o Makan No. 320, Polpapara, Kongud, Kondagaon, District Kondagaon (Chhattisgarh) 494230 2 - Manaru Mandavi S/o Jhagadu Mandavi, Aged About 32 Years R/o 25, Schoolpara, Nahakanar, Kondagaon, District Kondagaon (Chhattisgarh) 494226 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur (Chhattisgarh) 2 - Director General Of Police, Police Head Quarter, Sector-19, Naya Raipur, District Raipur (Chhattisgarh) 492002 3 - Inspector General Of Police, Bastar Range, Lalbag, Jagdalpur, District Jagdalpur (Chhattisgarh) 494001 4 - Superintendent Of Police, Kondagaon, District Kondagaon (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Mr. Yogeshwar Sharma, Advocate For Respondent(s) : Mr. Ashutosh Shukla, Panel Lawyer ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 02.09.2025 1. Heard. 2. By this petition, the petitioner has sought a direction to the respondents to consider his claim for grant of out of turn promotion to the next higher post of Head Constable on the claim of having rendered exemplary services in terms of provision contained in Rule 56 (3) of the Special Armed Force Rules 1973 and Regulation 70 of the Police Regulations. 3. The petitioner's claim is that the petitioner had participated in an operation carried by the Armed Forces and Police Forces against naxalites. The averment made in the petition are that many other police officers, who had participated in the same operation, have been granted aforesaid benefit, but, the petitioner has not been considered. 4. Learned counsel for the State would point out that the petitioner has filed this petition without preferring any representation. He would submit that if the petitioner prefers a representation giving appropriate and relevant details of his claim, the competent authority under the Director General of Police shall examine and take appropriate decision within a reasonable time. 5. The provision contained in aforesaid two rules do make provision for consideration of cases of out of turn promotion in certain contingencies where the police officers claim to have rendered 3 exemplary services in the manner and under the circumstances referred to in the rules. If that is the claim of the petitioner, the respondents are obliged under the law to examine the same whether the petitioner can also be granted those benefits. 6. Since the matter requires consideration at the end of the respondents upon looking into the records of the case and performance of the petitioner, this Court is not inclined to keep the matter pending, but, to dispose of with a direction to respondent authorities to get the petitioner's claim duly examined by the authority competent under the rules and take a decision within a period of three months. 7. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Saxena