Chattisgarh High Court
Vednath Sahu vs State Of Chhattisgarh on 21 March, 2025
1
2025:CGHC:14171
Digitally
ABHIGYA signed by
SAXENA ABHIGYA
SAXENA
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 6517 of 2017
1 - Bajrang Singh Kaivert S/o Shri Chaitram Kaivert Aged About
49 Years Sub Inspector Arms, Presently Posted At 17 Batalian,
Kawardha, District Kabirdham Chhattisgarh., Chhattisgarh
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department
Of Home, Mahanadi Bhawan, Naya Raipur, District Raipur
Chhattisgarh., Chhattisgarh
2 - Director General Of Police, Police Headquarter, Naya Raipur,
District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3 - Additional Director General Of Police, Chhattisgarh Arms
Force, Police Headquarter, Naya Raipur, District Raipur
Chhattisgarh., District : Raipur, Chhattisgarh
4 - Munnu Lal Mahavir Sub - Inspector, C. T. J. W. College,
Kanker Chhattisgarh., District : Kanker, Chhattisgarh
5 - Kamlakant Dubey Sub - Inspector, 11th Battalion, Arms
Force, Janjgir, District Janjgir - Champa Chhattisgarh.,
District : Janjgir-Champa, Chhattisgarh
--- Respondent(s)
1 - Vednath Sahu S/o Late Deviprasad Sahu, Aged About 45
Years Assistant Sub Inspector Arms, Presently Posted At State
Forensic Laboratory, Raipur, Chhattisgarh, Chhattisgarh
---Petitioner(s)
Versus
1 - State Of Chhattisgarh Through The Secretary, Department
Of Home, Mahanadi Bhawan, Naya Raipur, Chhattisgarh,
Chhattisgarh
2 - Director General Of Police, Police Headquarter, Raipur,
Chhattisgarh, District : Raipur, Chhattisgarh
3 - Additional Director General Of Police, Chhattisgarh Armed
Force, Police Headquarter, Raipur, Chhattisgarh, District :
Raipur, Chhattisgarh
4 - Munnu Lal Mahavir, Assistant Sub Inspector, C.T.J.W.
College, Kanker, Chhattisgarh, District : Kanker, Chhattisgarh
5 - Kamlakant Dubey, Assistant Sub Inspector, 2nd Battalion,
Chhattisgarh Arms Force Sakri, District Bilaspur, Chhattisgarh,
District : Bilaspur, Chhattisgarh
--- Respondent(s)
For Petitioner(s) : Mr. Syed Ishhadil Ali, Advocate
For Respondent-State : Mr. Sharad Mishra, Panel Lawyer
SB- Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
21.03.2025
1. Since common issue is involved in these two writ petitions,
they have been clubbed together, heard together and are
being decided by this common order.
2. The petitioners, namely, Bajrang Singh Kaivert and
Vednath Sahu are currently working as Sub-Inspector
(Arms) at Kawardha and Assistant Sub Inspector (Arms),
FSL, Raipur respectively. Mr. Bajrang Singh was promoted
from the post Constable to Head Constable in the year
2006 and, in 2011 was again promoted from Head
Constable to Assistant Sub-Inspector, whereas Mr.
Vednath Sahu was promoted from the post of Head
Constable to the post of Assistant Sub-Inspector in 2011.
However, the petitioners' seniority were affected because
other incumbents were promoted ahead of them. Despite
raising objections, the petitioners' concern was not
addressed and they were again overlooked for correct
seniority placement when promoted to the post of Sub-
Inspector.
3. Learned counsel for the petitioners submits that these
writ petitions may be disposed of in light of the order
passed by the Co-ordinate Bench of this Court in case of
Ashok Kumar Singh Vs. State of Chhattisgarh and
Others1.
4. Learned counsel for the State submits that the facts of the
present writ petitions are similar to the case of Ashok
1 Writ Petition (S) No.325 of 2011 decided on 16.10.2015
Kumar Singh (supra) and, therefore, these writ petitions
may be disposed of in light of the above-cited judgment.
5. I have heard learned counsel for the parties and perused
the documents available on record.
6. At this stage, it would be appropriate to notice the decision
of Ashok Kumar Singh (supra), in which it has been held
in paragraphs 5 to 8 as under:-
"5. There is no allegation against the
Petitioner for eligibility in promotion.
Neither has his order of promotion
been cancelled. There is no allegation
of any unauthorised absence against
the Petitioner. The specific assertion of
the Petitioner that he was not relieved
by the Superintendent of Police
(Railways) in due time to join the
promoted post has not been answered
in the counter-affidavit.
6. No useful purpose would be served
at this stage by issuing notice to
Respondents No.4 to 6.
7. The writ application is therefore
disposed with a direction to the
concerned Respondents to consider
the grievance of the Petitioner, grant
hearing to Respondents No.4 to 6 also
and then pass final appropriate orders
placing the Petitioner at the correct
position in the gradation list as he was
promoted on 10.9.2006, but could not
join within the stipulated time for no
fault of his.
8. Let such consideration be done and
final appropriate orders be passed
within a maximum period of three
months from the date of receipt
and/or presentation of a copy of the
present order."
7. In view of the above, these two writ petitions are disposed
of with a direction to the Respondents No.2 & 3 to
consider the grievance of the present petitioners after
providing due opportunity of hearing to the present
petitioners as well as to the Respondents No.4 & 5 herein
and pass fresh orders placing the petitioners herein at the
correct position in the gradation list, as they were
promoted on 10.09.2006 but could not join within the
stipulated time for no fault on their part, in accordance
with law within a period of three months from the date of
receipt of copy of this order.
8. With aforesaid observation(s)/direction(s) these two writ
petitions are disposed of. No cost(s).
s
Sd/-
(Sanjay K. Agrawal)
Judge
Saxena
