1 / 7 2026:CGHC:4393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 795 of 2024 Kiran Kumar Nishad S/o Late Shri Jawaharlal Nishad Aged About 29 Years R/o Village - Amakada, Post - Karmoti, Tahsil - Durgukondal, P.S. - Bhanutpratappur, Distt - Kanker, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home/police Mahanadi Bhawan, Mantalaya, Police Station And Post - Rakhi, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh. 2 - Director General Of Police (DGP), O/o. Director General Of Police, Police Head Quarter (Phq), Sector -19, P.S. And Post Rakhi, Atal Nagar, Nawa Raipur, Distt - Raipur, Chhattisgarh. 3 - Additional Director General Of Police (Adgp), Administration, Police Head Quarter (Phq), Sector -19, P.S. And Post - Rakhi, Atal Nagar, Nawa Raipur, Distt - Raipur, Chhattisgarh. 4 - Inspector General Of Police (Igp) O/o. Inspector General Of Police, Chhattisgarh Armed Force (Caf), Police Head Quarter (Phq), Sector -19, P.S. And Post - Rakhi, Atal Nagar, Nawa Raipur, Distt - Raipur, Chhattisgarh. Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.01.30 10:42:50 +0530 2 / 7 5 - Deputy Inspector General Of Police (Digp), O/. Deputy Inspector General Of Police, Chhattisgarh Armed Force (Caf) Police Head Quarter (Phq), Sector -19, P.S. And Post - Rakhi, Atal Nagar, Nawa Raipur, Distt - Raipur, Chhattisgarh. 6 - Commandant O/o. Commandant, 5th Battalion, Chhattisgarh Armed Force (Caf), Jagdalpur, Distt - Bastar, Chhattisgarh. 7 - Commandant O/o. Commandant, 21th Battalion, Chhattisgarh Armed Force (Caf), Balod, Distt - Balod, Chhattisgarh. --- Respondent(s) WPS No. 796 of 2024 Purnanand S/o Shri Kanhaiya Lal Aged About 29 Years R/o Village - Matiya-B, Post - Barhi, P.S. - City Kotwali, Tahsil And District - Balod, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home/police Mahanadi Bhawan, Mantalaya, Police Station And Post - Rakhi, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh. 2 - Director General Of Police (Dgp) O/o. Director General Of Police, Police Head Quarter (Phq), Sector -19, P.S. And Post Rakhi, Atal Nagar, Nawa Raipur, Distt - Raipur, Chhattisgarh. 3 - Additional Director General Of Police (Adgp), Administration, Police Head Quarter (Phq), Sector -19, P.S. And Post - Rakhi, Atal Nagar, Nawa Raipur, Distt - Raipur, Chhattisgarh. 4 - Inspector General Of Police (Igp) O/o. Inspector General Of Police, Chhattisgarh Armed Force (Caf), Police Head Quarter (Phq), Sector -19, P.S. And Post - Rakhi, Atal Nagar, Nawa Raipur, Distt - Raipur, Chhattisgarh. 3 / 7 5 - Deputy Inspector General Of Police (Digp) O/. Deputy Inspector General Of Police, Chhattisgarh Armed Force (Caf) Police Head Quarter (Phq), Sector -19, P.S. And Post - Rakhi, Atal Nagar, Nawa Raipur, Distt - Raipur, Chhattisgarh. 6 - Commandant O/o. Commandant, 4th Battalion, Chhattisgarh Armed Force (Caf), Mana, Distt - Raipur, Chhattisgarh. 7 - Commandant O/o. Commandant, 21th Battalion, Chhattisgarh Armed Force (Caf), Balod, Distt - Balod, Chhattisgarh. --- Respondent(s) For Petitioners : Mr. Abhishek Pandey, Advocate with Ms. Varsha Sharma, Advocate For State : Mr. Suyashdhar Badgaiya, Govt. Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 27.01.2026 1. WPS No.795 of 2024 and WPS No.796 of 2024 are being disposed of by this common order as in both the writ petitions, identical issue is involved for consideration. 2. Petitioner in WPS No.795 of 2024 has filed this writ petition seeking following reliefs: “(i) That, this Hon'ble Court may kindly be pleased to direct the Respondent authorities to produce all the relevant records relating to case of the petitioner for your kind perusal. (ii) That, this Hon'ble Court may kindly be pleased to direct the Respondent No. 2, 3, 4 and 5 to give promotion to the petitioner on the post of Head Constable from dated 01.10.2019 on account of 4 / 7 obtaining 1st position in basic training and also declared as All Round Best Candidate. (iii) That, this Hon'ble Court may kindly be pleased to direct the Respondent No. 2, 3, 4 and 5 to give Seniority and other consequential benefits to the petitioner on the post of Head Constable from dated 01.10.2019 on account of obtaining 1st position in basic training and also declared as All Round Best Candidate. (iv) That this Hon'ble Court may further be pleased to direct respondents to give suitable compensation to the petitioner for the mental trauma and agony, harassment and hardships suffered by him as also cost of the litigation.” 3. Petitioner in WPS No.796 of 2024 has filed this writ petition seeking following reliefs: “(i) That, this Hon'ble Court may kindly be pleased to direct the Respondent authorities to produce all the relevant records relating to case of the petitioner for your kind perusal. (ii) That, this Hon'ble Court may kindly be pleased to direct the Respondent No. 2, 3, 4 and 5 to give promotion to the petitioner on the post of Head Constable from August 2018 on account of obtaining 1st position in basic training and also declared as All Round Best Candidate. (iii) That, this Hon'ble Court may kindly be pleased to direct the Respondent No. 2, 3, 4 and 5 to give Seniority and other consequential benefits to the petitioner on the post of Head Constable from August 2018 on account of obtaining 1st position in basic training and also declared as All Round Best Candidate. 5 / 7 (iv) That this Hon'ble Court may further be pleased to direct respondents to give suitable compensation to the petitioner for the mental trauma and agony, harassment and hardships suffered by him as also cost of the litigation.” 4. Learned counsel for the petitioners submit that petitioner in WPS No.795 of 2024 was appointed on the post of Constable on 05.06.2018. Petitioner in WPS No.796 of 2024 was appointed on the post of Constable on 08.08.2017. He contended that after appointment, petitioners were sent for basic training programme at Armed Force Police Training School, Jagdalpur. Petitioner in WPS No.795 of 2024 participated in said training from 01.08.2018 to 30.09.2019 and petitioner in WPS No.796 of 2024 participated said in training in the year 2017-18. According to Rule 58 of the Madhyapradesh/ Chhattisgarh Special Armed Force Rules, 1973 (for short “Rules of 1973”), newly appointed trainee Constables who obtain first position after completion of basic training are to be given promotion to the post of Head Constable. Petitioners after completing their basic training programme as Constable have been declared to be secured first position out of number of trainee Constables and therefore have become entitled for promotion to the post of Head Constable. However, petitioners were not granted such benefit. Referring to Annexure P-8 to P-9 he submits that in the similar circumstances, newly appointed Constables who after completion of their basic training programme stood first have been extended benefit of promotion to post of Head Constable. However name of petitioners till date is not considered for grant of promotion. 6 / 7 5. Learned counsel for the State submits that document Annexure P-8 relied upon by learned counsel for the petitioners would show that promotion order is issued taking note of Circular dated 22.01.2005 which is enclosed as Annexure P-5. In the aforementioned circular, there is directive to give promotion to newly appointed Constable after completion of their basic training programme and becoming first amongst all trainees. However by way of subsequent Circular issued by State Govt. on 31.07.2007 (Annexure R-1), Circular dated 22.01.2005 has been cancelled. Circular dated 22.01.2005 is not in existence based upon which aforementioned promotion as claimed by petitioners was granted. He further contended that now consideration of grant of promotion to petitioners in facts of case as pleaded is upon their suitability to be assessed by Deputy Inspector General of Police and petitioners cannot claim promotion out of turn only on the ground that they stood first in basic training programme as a matter of right. 6. At this stage, learned counsel for the petitioners submits that respondent authorities have not considered the claim of petitioners for granting promotion who stood first in basic training programme in their respective batch and therefore in the facts of case respondents authorities be directed to consider claim of petitioners and take decision on their claim at the earliest in view of Rule 58 of the Rules of 1973. 7. Learned counsel for the State submits that in view of limited prayer made by learned counsel for petitioners for considering claim of petitioners for grant of promotion as provided under Rule 58 of the Rules of 1973, he is having no objection. If petitioners submit 7 / 7 representation before the competent authority, it will be considered in accordance with law. 8. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition. 9. Considering the nature of ground raised by petitioners that the petitioners after their appointment as Constable were sent for basic training programme, they were separately declared to have secured first position amongst their batch-mats in different basic training programme and are entitled to consider for promotion on the post of Nayak or Head Constable under Rule 58 of the Rules of 1973, however, petitioners have not submitted any representation before the authority raising grievance, I find it appropriate to dispose of both the writ petitions at this stage permitting the petitioners to submit comprehensive representation before respondent No.5 and if such representation is submitted, respondent no.5 shall take decision on representation to be submitted by petitioners keeping in mind Rule 58 of the Rules of 1973, in accordance with law, expeditiously, preferably within a further period of 3 months from the date of receipt of representation. 10. With the aforesaid observation and direction, both the writ petitions stand disposed off. Sd/- (Parth Prateem Sahu) Judge Praveen