Surendra Kumar Dansena And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1526 of 2015

1. Surendra Kumar Dansena, Assistant Sub Inspector (Ministerial) S/o Shri Bimadhar Dansena Aged About 25 Years

2. Ashutosh Kumar Kaushik, ASI (M), S/o Late Shir Ashok Kaushik Aged About 30 Years

3. Jitesh Singh Kshatri, ASI (M), S/o Late Shri Harendra Singh Kshatri Aged About 33 Years

4. Rajaram Dhruv, ASI (M), S/o Shri Vishram Dhruv Aged About 31 Years

5. Lakhan Lal Dhritlahare ASI (M), S/o Late Shri Ramsahay Dhritlahare Aged About 35 Years

6. Yogita Tandon, Head Constable (M), W/o Late Shri Dhirendra Tandon Aged About 22 Years All the above petitioners are posted in the ofÏce of the Superintendent of Police, Bilaspur, District Bilaspur Chhattisgarh.

7. Tarsila Minj, Constable (M), W/o Late Shri Fuljes Minj Aged About 45 Years Posted In The OfÏce Of The Superintendent Of Police, Surajpur, District Surajpur, Presently Attached In The OfÏce Of Superintendent Of Police, Bilaspur, District Bilaspur (Chhattisgarh).

---- Petitioners

Versus

1. State Of Chhattisgarh Through : The Secretary, Finance Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (Chhattisgarh)

2. Secretary, Department Of Home Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (Chhattisgarh)

3. Director General Of Police, Police Headquarters, Civil Lines, Raipur, District Raipur (Chhattisgarh)

4. Superintendent Of Police, Bilaspur, District Bilaspur, Chhattisgarh.

5. Superintendent Of Police, Surajpur, District Surajpur, Chhattisgarh.

6. The Director, Directorate Of (Treasury, Accounts & Pension), Raipur (Chhattisgarh).

7. Joint Director, (Treasury, Accounts & Pension) Bilaspur, Division, Bilaspur (Chhattisgarh) ---- Respondents For Petitioners :

Ms. Naushina Ali, Advocate.

For Respondents/State : Shri Dheeraj Wankhede, Government Advocate and Shri Suvigya Awasthy, Panel Lawyer.

Hon'ble Shri Sanjay K. Agrawal, J.

Order on Board 07/12/2015 1.

Learned Counsel for the Petitioners submits that the issue raised in this writ petition is covered by a decision of this Court rendered in Writ

Petition (S) No. 4523 of 2014 (Francis Xavier Back & Others v. State of Chhattisgarh & Others) and analogous cases decided on 03.07.2015. The said writ petition was disposed of with the following directions as contained in paragraph 10:

"10. In view of what has been urged by the learned counsel appearing for both the parties, all the writ petitions are disposed of in the following terms: • The Department of Home, Government of Chhattisgarh shall constitute a committee consisting of senior IPC OfÏcers not below the rank of ADGP and a senior ofÏcer of the Finance Department not below the rank of Additional Secretary.

• The petitioners shall submit a representation before the said committee within a period of one month from today.

• The committee shall examine the issue as to whether the respective cases of the petitioners are similar to Abdul Nawab Khan (Supra). If the petitioners are similar to those petitioners, they shall be entitled to all such benefits which are admissible to those petitioners on the subject issue."

2.

Learned Counsel for the State submits that the case is covered by the aforesaid decision i.e. Francis Xavier Back (supra). 3.

Accepting the submission made on behalf of learned counsel for the parties, this writ petition is also disposed of in similar terms as contained in paragraph 10 of the order dated 03.07.2015 passed in Francis Xavier Back (supra).

4.

No order as to costs.

Sd/- (Sanjay K. Agrawal) JUDGE Subbu