1 2025:CGHC:39221 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5429 of 2021 1. Rinku Kumar Gupta S/o Shri Radheshyam Gupta Aged About 37 Years Constable (Gd) At O. P. Bariyo, P. S. Rajpur, District Balrampur- Ramanujganj (C.G.), District : Balrampur, Chhattisgarh 2. Mukesh Kumar Gupta S/o Late Mahesh Kumar Gupta Aged About 39 Years Constable (Gd) At P. S. Sanawal, District- Balrampur-Ramanujganj (C.G.), District : Balrampur, Chhattisgarh --- Petitioner(s) versus 1. State Of Chhattisgarh Through- The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.), District : Raipur, Chhattisgarh 2. Director General Of Police Police Head Quarter, Nava Raipur, Atal Nagar, District- Raipur (C.G.), District : Raipur, Chhattisgarh 3. Superintendent Of Police District Balrampur-Ramanujganj (C.G.), District : Balrampur, Chhattisgarh 4. Mithlesh Pathak Presently Working As Constable At O.P. Bariyo, P.S. Rajpur, District- Balrampur-Ramanujganj (C.G.), District : Balrampur, Chhattisgarh 5. Saiyed Hakeem Ali Presently Working As Constable At P.S. Ramanujganj, District- Balrampur-Ramanujganj (C.G.), District : Balrampur, Chhattisgarh --- Respondent(s) WPS No. 5779 of 2021 1. Binod Parida S/o Jagarnath Parida Aged About 43 Years Constable (Gd) Police Station Bhatgaon, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 2. Harvinder Singh S/o Paramjeet Singh Aged About 41 Years Constable (Gd) Police Station Bishrampur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 3. Dilip Kumar Singh S/o Rabindra Kumar Singh Aged About 38 Years Constable Police Line Surajpur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 4. Shusheel Kumar Mishra S/o Harisharan Prasad Mishra Aged About 37 Years Constable Police Chowki Chendra, P.S. Jhilmili, District Surajpur SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.08.11 17:57:58 +0530 2 Chhattisgarh., District : Surajpur, Chhattisgarh 5. Darash Lal Dewangan S/o Late Jethu Ram Dewangan Aged About 46 Years Constalbe Kotwali, 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 Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh 4. Chitrakhut Sharma Presently Working As Constable At Police Station Bishrampur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5. Jai Prakash Tiwari Presently Working As Constable At Surajpur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 6. Akhilesh Yadav Presently Working As Constable At Police Chowki Ravti, P.S. Chandora, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh --- Respondent(s) WPS No. 6542 of 2021  Sunil Kumar Vishwakarma S/o Dwarika Prasad Vishwakarma, Aged About 40 Years Presently Posted And Working As Constable Gd No.432 At Maa Mahamaya Air Port Darima, District Surguja Ambikapur Originally Posted At Civil Line Surajpur, 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 2. Director General Of Police, Police Head Quarter Nava Raipur Atal Nagar District Raipur Chhattisgarh 3. Superintendent Of Police, District Surajpur Chhattisgarh 4. Akhilesh Yadav, Presently Working As Constable Gd At Police Chowki Rewati, Police Station Chandora, District Surajpur Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. C. Jayant K. Rao, Advocate For State : Mr. Pramod Shrivastava, Dy. Government Advocate 3 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 06. 08.2025 1. By way of this petition, the petitioner(s) have 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 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 petitioners would fairly submit that during the pendency of these petitions, the petitioners have been promoted to the post of Head Constable on 28.09.2022 & 14.11.2024. He would further submit that though a direction was issued in WPS No. 6022 of 2021 to consider the claim of the petitioners 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 petitioners 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 4 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 petitioners have already been promoted to the post of Head Constable and grievance with regard to promotion has already been redressed; therefore these petitions, at this juncture, are disposed of reserving liberty in favour of the petitioners to make representations 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), these petitions are hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant