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CGHC010195032026
2026:CGHC:37419
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4444 of 2026 Shiv Shankar Kurre S/o M.L. Kurre Aged About 42 Years Posted As Constable (887), Resident Of Police Station- Kotwali, Bilaspur, District- Bilaspur, Chhattisgarh
... Petitioner versus 1 - State of Chhattisgarh Secretary, Department of Home, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh 2 - Director General of Police Chhattisgarh District- Raipur, Chhattisgarh 3 - Inspector General of Police Bilaspur Range Bilaspur, District- Bilaspur, Chhattisgarh 4 - Additional Director General of Police (Training) Police Headquarter, New Raipur, District- Raipur, Chhattisgarh 5 - Superintendent of Police Bilaspur District- Bilaspur, Chhattisgarh 6 - Additional Superintendent of Police (Urban) Bilaspur, District Bilaspur, Chhattisgarh
... Respondents For Petitioner : Mr. Ravi Bhagat, Advocate For State/Respondent : Mr. Suyashdhar Badgaiya, GA (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 20/08/2026 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.08.20 17:41:56 +0530
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1. By the present petition, the petitioner has prayed for following reliefs:-
“10.1 This Hon'ble Court may kindly be pleased to direct the respondent authorities to produce entire records pertaining to instant matter. 10.2 This Hon'ble Court may kindly be pleased to Issue an appropriate writ, order or direction quashing the impugned eligible candidates list dated 22/04/2026 (ΑΝΝΕXURE P/1). 10.3 This Hon'ble Court may kindly be pleased to Issue an appropriate writ, order or direction quashing the impugned Memo of Chargesheet dated 30/04/2026 (ANNEXURE P/2), as being arbitrary, mala fide and issued with ulterior motive to deprive the petitioner from promotional benefits. 10.4 This Hon'ble Court may kindly be pleased to Direct the respondents to consider the candidature of the petitioner for promotion to the post of Head Constable in DPC/Departmental Promotion Examination - 2026 strictly in accordance with the amended Rules, 2007, and on the basis of petitioner's initial appointment dated 04/08/2000. 10.5 This Hon'ble Court may kindly be pleased to Direct the respondents to include the petitioner's name in the eligible candidates list for promotion to the post of Head Constable and permit him to participate in all consequential promotional processes. 10.6 This Hon'ble Court may kindly be pleased to Direct the respondents to decide petitioner's objection/application dated 24/04/2026 (Annexure P/3) by passing a reasoned and speaking order
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10.7 This Hon'ble Court may kindly be pleased to Grant all consequential service benefits arising out of promotion, including seniority, pay fixation and arrears, in favour of the petitioner. 10.8 That, any other relief, which this Hon'ble Court may deem fit and proper together with cost of the petition.”
2. At the outset, learned counsel for the petitioner, on instructions, submits that the petitioner does not wish to press the challenge the relief Clause 10.3 whereby he seeks quashment of Memo of Charge-sheet dated 30/04/2026 (Annexure P/2), in the present petition at this juncture and therefore, he may be permitted to withdraw the petition to that extent, with liberty to challenge the same in a separate petition. 3. No objection from the other side. 4. Accordingly, the petitioner is permitted to withdraw the present petition to the extent of relief Clause 10.3, with the aforesaid liberty. 5. So far as the other reliefs, except 10.3 are concerned, learned counsel for the parties would jointly submit that the issue involved in the present petition, the same has already been considered and decided by this Court in an identical matter i.e. WPS No.4339/2026 (Tareshwar Nath Keshri Vs. State of C.G. & Ors) & other connected matters, decided on 11/08/2026. They further submitted that since the facts and issue involved in the present case, to the aforesaid extent, are identical to that of WPS No.4339/2026, therefore, this writ petition may also be disposed of in the same terms. 4 / 5
6. Having considered the submissions made by learned counsel for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this petition is identical to WPS No.4339/2026, this Court deems it appropriate to dispose of the instant petition in similar terms of the order dated 11/08/2026 passed in WPS No.4339/2026. In the said decision, this Court observed thus:-
“16.
In view of the above, this Court holds that the seniority/gradation list and the consequential fit list cannot be sustained to the extent they have been prepared by ignoring the statutory consequence flowing from Rule 16A in respect of employees transferred on their own request. Accordingly, the seniority/gradation list and the consequential fit list, which has been prepared after 13.2.2026, is set aside. 17. The respondents are directed to undertake a fresh exercise of determination of seniority in accordance with Rule 16A and thereafter redraw the seniority/gradation list and the consequential fit list in the letter and spirit of Rule 16A of the Rules, 2007 and thereafter undertake the consequential exercise for promotion. 18. It is clarified that the aforesaid direction does not amount to a direction for automatic promotion of any petitioner. The claim of each eligible employee shall be considered on the basis of the corrected seniority
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7. In view of the aforesaid, the present petition, insofar as it relates to the challenge to the eligible candidates list dated 22.04.2026 (Annexure P/1), is disposed of in terms of the order dated 11.08.2026 passed in WPS No.4339/2026 (Tareshwar Nath Keshri Vs. State of C.G. & Ors) & other connected matters. 8. The present petition stands disposed of in the aforesaid terms. SD/- SD/- (Bibhu Datta Guru)
JUDGE ashu