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2026 DAILYLAW 2248 (CHH)

DEEPAK KUMAR NAYAK v. STATE OF CHHATTISGARH

WPS/10971/2025 · 2026-02-04

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 2026:CGHC:6593 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10971 of 2025 1. Deepak Kumar Nayak S/o Late Vijay Kumar Aged About 27 Years R/o Village And Post Godari, Tehsil Antagarh, District : Kanker, Chhattisgarh 2. Agnoo Ram Korram S/o Shri Kripa Ram Korram Aged About 40 Years R/o Village And Post Badal, Tehsil Narharpur, District : Kanker, Chhattisgarh 3. Sangeet Bhaskar S/o Late Chaman Singh Aged About 28 Years R/o Saletola, Post Sarwandi, Tehsil Narharpur, District : Kanker, Chhattisgarh ... Petitioners versus 1. State Of Chhattisgarh Through The Secretary, Department Of Home (Police), Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 2. Director General Of Police (D.G.P.) Chhattisgarh, Police Headquarters, Naya Raipur, District : Raipur, Chhattisgarh 3. Inspector General Of Police Bastar Range, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh 4. Superintendent Of Police District Kanker, District : Kanker, Chhattisgarh 5. Commandant District Reserve Guard (D.R.G.), Kanker, District : Kanker, Chhattisgarh ... Respondents For Petitioners : Mr. Harsh Dave, Advocate For Respondent-State : Mr. Aditya Tiwari, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 05/02/2026 1. Petitioners have filed this writ petition seeking following reliefs. “10.1 Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the Respondents to consider the cases of the Petitioners for grant of promotion under Paragraph 70(a) of the Police Regulations on the basis of parity with other similarly situated personnel who have already been promoted vide order dated 29.05.2025; PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 10.2 Direct the Respondents to decide the pending representation of the Petitioners dated 25.06.2025 addressed to the Inspector General of Police, Bastar Range, within a time frame fixed by this Hon'ble Court; 10.3 Grant all consequential benefits, including seniority, pay fixation and other service benefits, from the date when similarly situated personnel were promoted; 10.4 Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interest of justice.” 2. Learned counsel for petitioners submits that petitioner No. 1 was appointed as Constable on 23.03.2021, petitioner No. 2 was appointed on 25.09.2009 and petitioner No. 3 was appointed on 23.03.2021. Since the date of their appointment, they were working on the post as per directives issued time to time by the senior police officials. Petitioners while their posting in the naxal affected area were made part of the Anti Naxal Operation which was conducted on 15.04.2024 to 16.04.2024 in co-ordination with the Border Security Force (BSF). In that operation, petitioners had an encounter with 40- 50 armed CPI (Maoist) near village Kalpar, Hapatola, Chhtebhethiya area. In that operation about 29 armed Maoists were killed including 15 male and 14 female and further seizure of arms and ammunition etc. have been made. F.I.R. was registered against remaining persons. It is contention of learned counsel for petitioners that under policy of the State Government and Circular issued in this regard, petitioners became eligible for out of turn promotion under Para-70(a) of the Police Regulation. Respondent- department have acknowledged bravery of petitioners including others, however, only 54 personnel were granted out of turn promotion out of 187 personnel. Aggrieved with which, petitioners submitted representation before Respondent no. 2 on 25.06.2025 which till date is pending consideration. 3. Learned State counsel submits that as petitioners have already submitted representation before Respondent No. 2 raising grievance as raised in this writ petition, it will be considered in accordance with law. 3 / 3 4. I have heard learned counsel for the parties and perused the documents. 5. Claim of petitioners is that because of petitioners participated in the Anti naxal operation conducted on 15 and 16.04.2024 along with 187 other personnel including employees of BSF, operation became successful and 54 personnel of the police department (forming part of Anti Naxal operation) were identified for giving benefit of out of turn promotion, petitioners have also became entitled for out of turn promotion. Aggrieved with which petitioners have submitted representation before Respondent No. 2, which till date is pending consideration. 6. In the above facts of the case when claim of petitioner is still pending consideration before Respondent No.2, I find it appropriate to dispose of this writ petition at this stage, directing Respondent no. 2 to consider representation of petitioners for grant of out of turn promotion as per Regulation 70(a) of the police regulation, in accordance with law, expeditiously, preferably within a further period of 02 months from the date of receipt of copy of order passed by this Court. If the case of petitioners is found to be similar to that of promoted 54 police personnel, then proceedings be initiated for consideration of candidature of petitioners for their out of turn promotion also. 7. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) pwn JUDGE