Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6120 of 2021 1 - Bandhu Ram Sarthi S/o Late Lobhan Ram Sarthi Aged About 47 Years Constable (Gd) At Police Station Jainagar, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Director General Of Police Police Head Quarter, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Superintendent Of Police District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh 4 - Santoshi Chouhan Earlier Santoshi Gada Presently Working As Constable (Gd) At Aa.Ja.K. Police Station, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh
--- Respondent(s) For Petitioner(s)
: Mr. C. Jayant K. Rao, Advocate For State : Ms. Shailja Shukla, Dy. G.A. Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
12.
08.2025
1. By way of this petition, the petitioner has sought the following relief(s):-
“10.1 That, this Hon'ble Court may kindly be pleased to set-aside the entire proceedings for promotion to the post of Constable to Constable i.e. the merit list prepared for departmental examination. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to conclude the entire process of promotion for the post of Constable to Head REKHA SINGH
2 Constable in accordance with the SOP issued on 06.08.2021 and Rules 1961. 10.3 That, this Hon'ble Court may kindly be pleased to considered the petitioners for promotion to the post of Head Constable in the above departmental examination. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.”
2.
Learned counsel for the petitioner would fairly submit that during the pendency of this petition, the petitioner has been promoted to the post of Head Constable on 28.09.2022. He would further submit that though a direction was issued in WPS No. 6022 of 2021 to consider the claim of the petitioner with regard to seniority, but it has not been considered by the respondent authorities. He would pray for direction to the respondent authorities to consider the claim of the petitioner with regard to seniority strictly in accordance with Rule 12 of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 (hereinafter referred to as
“Rules, 1961”).
3. On the other hand, learned counsel appearing for the State would oppose.
4. I have heard learned counsel for the parties and perused the documents placed on the record.
5. In WPS No. 6022 of 2021, in para 11, this Court had observed as under:-
“11. It is made clear that if the interveners are found to be senior to the petitioners, their seniority shall not be disturbed. The interim order granted earlier is hereby vacated. The candidature of the petitioners as well as the interveners shall be considered strictly in accordance with their respective seniority.”
6. As stated by Mr. Rao, the petitioner has already been promoted to the post of Head Constable and grievance with regard to promotion has already
3 been redressed; therefore this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to make representation claiming therein seniority, and in turn, the competent authority is directed to decide it expeditiously, strictly in accordance with the provisions of Rule 12 of the Rules, 1961, preferably within a period of 90 days.
7. With the aforesaid observation(s) and direction(s), this petition is hereby
disposed of. Sd/-
(Rakesh Mohan Pandey)
Judge Rekha