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2025 DAILYLAW 58633 (CHH)

SUNNY AHLAD TOPPO v. STATE OF CHHATTISGARH

WPS/3229/2023 · 2025-11-17

Shri Amitendra Kishore Prasad

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3229 of 2023 1 - Sunny Ahlad Toppo S/o. Late Nemhash Toppo, Aged About 57 Years Posted As - Head Warder, Sub Jail Surajpur, R/o. Ward No. 8 Jail Colony Surajpur, District - Surajpur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through, The Secretary, Home Department, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh 2 - Director General Prisons And Correctional Services Government Of Chhattigarh, Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh 3 - Senior Law Officer, Prisons And Correctional Services Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh 4 - Jail Superintendent Sub Jail, Surajpur, Chhatttisgarh ... Respondent(s) For Petitioner(s) : Mr. Chitendra Singh, Advocate For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 18.11.2025 1. This petition has been filed by the petitioner seeking for the following relief(s):- “10.1 This Hon'ble Court may kindly be pleased to issue writ/writs, order/orders, direction/ directions in the nature of ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 mandamus and quash the order dated 02-02-2023 passed by Respondent No.2 in relation to grant of two additional increment on the basis of award honored with President's Correctional Service Medal for Meritorious Service. 10.2 This Hon'ble court may kindly be pleased to direct the concerned respondent authority to consider the case of the petitioner and grant him other consequential benefits, in the interest of justice. 10.3 This Hon'ble Court may kindly be pleased to give such other relief as it deems fit, in the interest of justice.” 2. Learned counsel for the petitioner respectfully submits that the present petition has been instituted to challenge the order dated 02.02.2023, whereby the representation preferred by the petitioner before Respondent No. 2, seeking grant of two additional increments in terms of Regulation 80A of the Chhattisgarh Police Regulations as published in the Chhattisgarh Gazette dated 27.12.2021, has been illegally rejected by the Director General, Prisons & Correctional Services. It is submitted that the petitioner was initially appointed as Jail Prahri (Prison Warder) at Sub-Jail, Surajpur, and in recognition of his exemplary and dedicated service, he was conferred with the prestigious President’s Correctional Service Medal for Meritorious Service, the communication for which was duly received through Respondent No. 2, followed by the formal conferment of the 3 award by the Hon’ble Governor of Chhattisgarh. It is further submitted that pursuant to the said honour, the petitioner submitted a detailed representation before Respondent No. 2 seeking the statutory benefit of two additional increments as envisaged under Regulation 80A, and the Assistant Jail Superintendent, Surajpur, also forwarded a positive recommendation to Respondent No. 2 in support of the petitioner’s claim; however, despite the petitioner’s undisputed eligibility and the clear mandate of the Regulation, his representation was arbitrarily and mechanically rejected, thereby constraining him to approach this Court for redressal. 3. Learned counsel for the State submits that, as per the stand of the respondent authorities, the petitioner is not entitled to the grant of additional increments; however, he does not dispute the Gazette Notification dated 27.12.2021 (Annexure P/6), which provides that for good service or for a definite act of good conduct, bravery, or intelligence, the State Government may sanction a maximum of two additional increments. 4. I have heard learned counsel for the parties and perused the documents appended with the petition with utmost circumspection. 5. Having considered the submissions advanced and upon perusal of the Gazette Notification dated 27.12.2021, it is evident that 4 Regulation 80A of the Chhattisgarh Police Regulations expressly empowers the State Government to grant a maximum of two additional increments in recognition of good service or for a definite act of good conduct, bravery, or intelligence. The petitioner has undeniably been conferred with the President’s Correctional Service Medal for Meritorious Service, an honour which squarely falls within the ambit of meritorious service contemplated by the said Regulation. The recommendation made by the Assistant Jail Superintendent, Surajpur, further substantiates the petitioner’s eligibility. In these circumstances, and considering that the rejection order dated 02.02.2023 does not appear to be in consonance with the spirit and mandate of Regulation 80A, the same is unsustainable. 6. Accordingly, the writ petition is disposed of with a direction to the respondent authorities to extend the benefit of two additional increments to the petitioner, strictly in accordance with Regulation 80A of the Chhattisgarh Police Regulations and the Gazette Notification dated 27.12.2021. The entire exercise shall be completed within a period of 60 days from today. 7. Accordingly, with these observation(s) and direction(s) this petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena