1 2025:CGHC:14171 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6517 of 2017 1 - Bajrang Singh Kaivert S/o Shri Chaitram Kaivert Aged About 49 Years Sub Inspector Arms, Presently Posted At 17 Batalian, Kawardha, District Kabirdham Chhattisgarh., Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., Chhattisgarh 2 - Director General Of Police, Police Headquarter, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Additional Director General Of Police, Chhattisgarh Arms Force, Police Headquarter, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Munnu Lal Mahavir Sub - Inspector, C. T. J. W. College, Kanker Chhattisgarh., District : Kanker, Chhattisgarh 5 - Kamlakant Dubey Sub - Inspector, 11th Battalion, Arms Force, Janjgir, District Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh --- Respondent(s) ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 WPS No. 1051 of 2016 1 - Vednath Sahu S/o Late Deviprasad Sahu, Aged About 45 Years Assistant Sub Inspector Arms, Presently Posted At State Forensic Laboratory, Raipur, Chhattisgarh, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Naya Raipur, Chhattisgarh, Chhattisgarh 2 - Director General Of Police, Police Headquarter, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Additional Director General Of Police, Chhattisgarh Armed Force, Police Headquarter, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4 - Munnu Lal Mahavir, Assistant Sub Inspector, C.T.J.W. College, Kanker, Chhattisgarh, District : Kanker, Chhattisgarh 5 - Kamlakant Dubey, Assistant Sub Inspector, 2nd Battalion, Chhattisgarh Arms Force Sakri, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Syed Ishhadil Ali, Advocate For Respondent-State : Mr. Sharad Mishra, Panel Lawyer SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 21.03.2025 1. Since common issue is involved in these two writ petitions, they have been clubbed together, heard together and are being decided by this common order. 3 2. The petitioners, namely, Bajrang Singh Kaivert and Vednath Sahu are currently working as Sub-Inspector (Arms) at Kawardha and Assistant Sub Inspector (Arms), FSL, Raipur respectively. Mr. Bajrang Singh was promoted from the post Constable to Head Constable in the year 2006 and, in 2011 was again promoted from Head Constable to Assistant Sub-Inspector, whereas Mr. Vednath Sahu was promoted from the post of Head Constable to the post of Assistant Sub-Inspector in 2011. However, the petitioners’ seniority were affected because other incumbents were promoted ahead of them. Despite raising objections, the petitioners’ concern was not addressed and they were again overlooked for correct seniority placement when promoted to the post of Sub- Inspector. 3. Learned counsel for the petitioners submits that these writ petitions may be disposed of in light of the order passed by the Co-ordinate Bench of this Court in case of Ashok Kumar Singh Vs. State of Chhattisgarh and Others1. 4. Learned counsel for the State submits that the facts of the present writ petitions are similar to the case of Ashok 1 Writ Petition (S) No.325 of 2011 decided on 16.10.2015 4 Kumar Singh (supra) and, therefore, these writ petitions may be disposed of in light of the above-cited judgment. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. At this stage, it would be appropriate to notice the decision of Ashok Kumar Singh (supra), in which it has been held in paragraphs 5 to 8 as under:- “5. There is no allegation against the Petitioner for eligibility in promotion. Neither has his order of promotion been cancelled. There is no allegation of any unauthorised absence against the Petitioner. The specific assertion of the Petitioner that he was not relieved by the Superintendent of Police (Railways) in due time to join the promoted post has not been answered in the counter-affidavit. 6. No useful purpose would be served at this stage by issuing notice to Respondents No.4 to 6. 7. The writ application is therefore disposed with a direction to the concerned Respondents to consider the grievance of the Petitioner, grant hearing to Respondents No.4 to 6 also and then pass final appropriate orders placing the Petitioner at the correct position in the gradation list as he was promoted on 10.9.2006, but could not join within the stipulated time for no fault of his. 5 8. Let such consideration be done and final appropriate orders be passed within a maximum period of three months from the date of receipt and/or presentation of a copy of the present order.” 7. In view of the above, these two writ petitions are disposed of with a direction to the Respondents No.2 & 3 to consider the grievance of the present petitioners after providing due opportunity of hearing to the present petitioners as well as to the Respondents No.4 & 5 herein and pass fresh orders placing the petitioners herein at the correct position in the gradation list, as they were promoted on 10.09.2006 but could not join within the stipulated time for no fault on their part, in accordance with law within a period of three months from the date of receipt of copy of this order. 8. With aforesaid observation(s)/direction(s) these two writ petitions are disposed of. No cost(s). s Sd/- (Sanjay K. Agrawal) Judge Saxena