1 2025:CGHC:664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8460 of 2024 1 - Rajendro Kumar Nag, son of Late Shri Sukhchand Nag, Aged About 39 Years, Working As Constable (Trade-Mochi) and posted at Police Line Kondagaon, District Kondagaon, Chhattisgarh 2 - Chitku Ram Korram, son of Late Sonaru Ram, Aged About 43 Years, Working As Constable (Trade-Cook) and posted at Police Line Kondagaon, District Kondagaon, Chhattisgarh 3 - Dhansai Markam, son of Late Dhadwaram Markam, Aged About 37 Years, Working As Constable (Trade-Toiler) and posted at Police Line Kondagaon, District Kondagaon, Chhattisgarh ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary, Department of Home, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh 2 - Additional Director General of Police (Administration) (Head Office) Raipur, District Raipur Chhattisgarh 3 - General Inspector of Police Bastar Range Jagdalpur, District Bastar Chhattisgarh 4 - Superintendent of Police, Kondagaon District Kondagaon Chhattisgarh ... Respondents For Petitioners : Mr. Chandrasen Chouhan, Advocate For State/Respondents : Ms. Shailja Shukla, Deputy Government Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.07 19:55:58 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 06.01.2025 1. Heard Mr. Chandrasen Chouhan, learned counsel for the petitioners and Ms. Shailja Shukla, learned Deputy Government Advocate appearing for the State/respondents. 2. By filing this writ petition, the petitioners has prayed for following relief(s):- “(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the representation and to grant absorption the service of the petitioners from Constable (Trade-man) to Constable (GD) on completion of 5 years of their service, as similar employee has been absorbed by absorption order dated 26.07.2019 at the earliest, in the interest of justice. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 3. The case projected by the petitioners, in brief, is that the petitioners were initially appointed on the post of Constable (Trade-man) by order dated 09.09.2014 and they have joined on said post at Police Line Kondagaon, District Kondagaon 3 Chhattisgarh and since then, they are performing their duties sincerely and regularly and there is no any complaint upon their duties till today. The petitioners have completed more than 10 years of service and are performing on same post of Constable (Trade-man) till today without any break of service and without any complaint. The respondent authorities have passed the absorption order to another similarly situated employees vide its order dated 26.07.2019, on their completion of 5 years of service, but the respondent authorities have wrongly deprived absorption in respect of petitioners without any fault and without any reason whereas, the petitioners have completed more than 10 years of service and are entitled for absorption as per order dated 26.07.2019. On completion of 5 years of service, the petitioners have continuously approached and moved representation to the respondent authorities seeking their absorption of the service of the petitioners from the post of Constable (Trade-man) to Constable (GD), but the respondent authorities are not giving heed and have not taken any action and not interested for absorption till today. Hence, the present petition. 4. Mr. Chandrasen Chouhan, learned counsel for the petitioners submits that the petitioners have come up before this Court for a limited prayer that the respondent authorities may be directed to consider the prayer of the petitioners and to pass appropriate orders in respect of their absorption of service from Constable 4 (Trade-man) to Constable (GD) after completion of 5 years of service, which is a required period for absorption as Constable (GD). He further submits that similarly situated employees have already been absorbed by the respondent authorities vide order dated 26.07.2019 and as such, the purpose of filing this writ petition would be served, if the necessary directions be issued to the respondent authorities to consider the case of the petitioners with respect to absorption of service from Constable (Trade-man) to Constable (GD). 5. On the other hand, Ms. Shailja Shukla, learned Deputy Government Advocate, appearing for the State/respondents submits that the respondent authorities will consider and decide the claim of the petitioners. 6. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 7. Considering the submissions advanced on behalf of the parties, this Court is of the opinion that as the similarly situated employees were absorbed vide order dated 26.07.2019 (Annexure P/2), respondent No.2 is directed to consider the case of each of the petitioners in accordance with law. The petitioners are directed to file separate application/representation for consideration of their absorption of service from Constable (Trade-man) to Constable (GD). 5 8. With the aforesaid observations/directions, instant writ petition stands disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh