1 / 4 2026:CGHC:21115 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3909 of 2026 Sundar Shyam Soni S/o. Mr. Radhe Shyam Soni Aged About 45 Years Posted As Constable Bearing No. R-552, At Surajpur, District- Surajpur (C.G.) R/o. Main Raod Nawapara, Surajpur, District- Surajpur Chhattisgarh. ... Petitioner(s) Versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Home, Mahanadi, Bhawan Atal Nagar, District- Raipur Chhattisgarh. 2 - The Director General Of Police Police Head Quarter Sector 19, Nava Raipur, Atal Nagar Chhattisgarh. 3 - The Inspector General Of Police Surguja Range- Ambikapur, District- Surguja Chhattiasgarh. 4 - The Superintendent Of Police Surajpur, District- Surajpur Chhattisagrh. 5 - The Superintendent Of Police Jashpur, District- Jashpur Chhattisgarh. ... Respondent(s) For Petitioner : Mr. S.C. Verma, Senior Advocate with Mr. Sajal Kumar Gupta, Advocate For State : Mr. Ajay Kumrani, P.L. HON'BLE SHRI PARTH PRATEEM SAHU, JUDGE ORDER ON BOARD 06.05.2026 1. Petitioner has filed this writ petition seeking following reliefs; “a) Quash and set aside the impugned order dated 16.04.2026 (Annexure P/1); b) Quash the impugned seniority list dated 2 / 4 23.04.2026 (Annexure P/2) to the extent it places the petitioner at the bottom of the seniority list; c) Declare that the petitioner's transfer dated 26.11.2024 is not on his own request and direct the respondents to restore his original seniority in District Police Force, Surajpur; d) Direct the respondents to consider the case of the petitioner for promotion to the post of Head Constable in accordance with his rightful seniority and eligibility; e) Grant all consequential benefits including seniority and promotion; f) Pass any other order deemed fit in the interest of justice.” 2. Learned counsel for petitioner submits that petitioner was appointed on the post of Constable in the year 2006 in District: Sarguja and subsequently after forming the new district of Surajpur petitioner has been posted and deployed in Surajpur. Respondent authorities vide order dated 18.06.2024 has transferred the petitioner along with other employees, in which petitioner was transferred from Surajpur to Jashpur. As petitioner is holding the Class III post, according to service rules, the seniority is to be fixed of such employees district wise. After receiving the order of transfer being obedient employee petitioner has joined the place of transfer, however, have submitted the representation thereafter that petitioner has not submitted any application for his transfer from one district to another and therefore, petitioner may be sent back to the district of which he is an appointee i.e. District: Surajpur. The representation was though considered, however, due to inadvertent mistake in considering grounds pleaded in the representation, petitioner has been shown to be transferred to Surajpur district on his own cost. He contended that pursuant to the 3 / 4 order dated 26.11.2025, petitioner has joined the transferred place of posting at Surajpur district, however, he again made request to the authorities and subsequently submitted a representation before the authorities in the month of March, 2026 for making necessary correction in the order of transfer. This step is taken by the petitioner when petitioner came to know that petitioner has been placed in bottom of the seniority list. Petitioner was hoping for the decision on his representation, however, the petitioner was served with the letter issued by the respondent No. 2 to respondent No. 4 in which it only mentions about the consideration of the representation on the order of transfer dated 18.06.2024. The representation submitted by the petitioner on 23.02.2026 till date has not been considered. Petitioner is apprehending that the respondent authorities may consider the constables of the Surajpur District for their promotion on the post of Head Constable at any time and therefore the proceedings of promotion may be stayed till decision is taken in the writ petition filed by the petitioner. 3. Counsel for the respondent-State would oppose the submission with regard to the staying of the proceedings of the promotion. He further submits that as petitioner has already submitted a representation before the superior authority through proper channel which appears to be pending before the concerned authority. 4. I have heard counsel for the parties. 5. The grievance of the petitioner is that petitioner was an initial employee of the Surajpur district prior to the date of his transfer in the year 2024 to Jashpur district. He also submits that petitioner being Class III employee, seniority is to be maintained district wise and after his 4 / 4 transfer to Jashpur petitioner has made representation that he has been erroneously transferred because petitioner has not submitted any application for his transfer out of the district. It is also contention of the counsel for the petitioner that based on that representation, petitioner was again transferred back to district Surajpur, however, the authorities have erroneously considered that the transfer of the petitioner is on own cost / own request and accordingly, place the petitioner in bottom of the gradation list of district Surajpur which has adversely affected the seniority and right of consideration of his name for promotion on the post of Head Constable. 6. In the aforementioned facts and circumstances of the case, in the opinion of this Court that as the respondent authorities are yet to take decision on the representation submitted by the petitioner, which are the appropriate authority and therefore, the writ petition at this stage is disposed of directing respondent No. 3 and 4 to take decision on the representation submitted by the petitioner dated 23.02.2026 in accordance with law, expeditiously, preferably within a further period of three weeks from the date of receipt of the Order of this Court. Petitioner will be at liberty to submit fresh representation and if such a representation is submitted before respondent No. 3, the concerned authorities shall consider the same along with pending representation, within time specified. 7. With the aforesaid observation and direction, the writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Saurabh JUDGE PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA