Shiv Narayan Awasthi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 545 of 2021 Shiv Narayan Awasthi S/o Late J. P. Awasthi, Aged About 61 Years, R/o Head Post Kondagaon, Special Branch Office, Kondagaon, DistrictKondagaon (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur (C.G.)

2. Director General Of Police, Police Head Quarter, Raipur, DistrictRaipur (C.G.)

3. Assistant Director General Of Police (Intelligence) Police Head Quarter, Raipur (C.G.)

4. Superintendent Of Police, Bastar Jagdalpur (C.G.)

5. Zonal Superintendent Of Police, Special Branch, Bastar (C.G.) ---- Respondents For Petitioner :

Mr. Arvind Dubey, Advocate For State :

Ms. Akankshya Jain, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 11.02.2021

1. The grievance of the petitioner in the present writ petition is the nonreflection of the name of the petitioner in the special force where the petitioner has been discharging his duty right from the year 2001.

2. The petitioner was initially appointed as a Constable in Police Department and in due course of time, he was promoted to the post of Head Constable. That vide order dated 05.03.2001 his services were adopted with Special Force on which post the petitioner worked up till 2007. In the year 2007, he was promoted as an Assistant Sub

Inspector by the Police Department and he still stood attached to the special Force where the petitioner is still performing his duty. According to the petitioner, in the year 2010 he had moved an application for absorption of his services under the special force which the authorities had accepted and he was offered absorption subject to the petitioner being given bottom seniority on the post to which he belongs which was also acceptable to the petitioner.

3. The grievance now of the petitioner is that thereafter there has been no further development and the name of the petitioner does not find place in any of the gradation lists both in special force or in district police force though he has been making repeated representations to the authorities concerned and the latest representation which is pending is Annexure P-25 dated 18.06.2020.

4. State counsel submits that the claim of the petitioner shall be considered by the authority concerned in accordance with the rules governing the field at the earliest.

5. Given the said submission by the counsel for the parties, the writ petition at this juncture stands disposed of directing the respondents 2 to 5 to take an appropriate decision on the claim of the petitioner at the earliest preferably within an outer limit of 90 days from the date of receipt of copy of this order. It is expected that the authorities concerned shall definitely take a decision within the stipulated period considering the short tenure of service left for the petitioner to retire.

6. With the aforesaid observation, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai