L.C. Kosle v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.3832 of 2021

1. L.C. Kosle, S/o Shri Ramji Kosle, Aged About 36 Years, Presently Posted as Platoon Commander, Chhattisgarh Armed Forces, 2nd Battalion, Sakri, District Bilaspur, Chhattisgarh

2. Ravi Singh Thakur, S/o Shri Surendra Singh Thakur, Aged About 37 Years, Presently Posted as Platoon Commander, Chhattisgarh Armed Forces, Suraksha Battalion, Mana Raipur, District- Raipur, Chhattisgarh

3. Vinod Tonde, S/o Shri Mahesh Ram, Aged About 36 Years, Presently Posted as Platoon Commander, Chhattisgarh Armed Forces, PTS Rajnandgaon, DistrictRajnandgaon, Chhattisgarh

4. Saiyad Ehsan Ali, S/o Shri Saiyad Armaan, Aged About 38 Years, Presently Posted as Platoon Commander, Chhattisgarh Armed Forces, 2nd Battalion, Sakri, District Bilaspur, Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh Through The Principal Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, Chhattisgarh

2. Director General of Police, Police Headquarter, Sector-19, Atal Nagar, Nava Raipur, Chhattisgarh

3. Shri Ashok Singh Raghuwanshi, Company Commander, Chhattisgarh Armed Forces, Suraksha Battalion, Mana Raipur, District- Raipur, Chhattisgarh

4. Shri Rajendra Prasad Mishra, Company Commander, Chhattisgarh Armed Forces, 14th Battalion, Dalli- Rajhara, District-Balod, Chhattisgarh

---- Respondents For Petitioners Mr. K. Rohan, Advocate For Respondent-State Mr. Siddharth Dubey, Dy. GA Hon'ble Justice Shri Sanjay K. Agrawal Order On Board 26/08/2021 1.

Mr. K. Rohan, learned counsel for the petitioners, would submit that the gradation list of Platoon Commander has been published on 27.11.2019 vide Annexure-P/1, in which the petitioners have been placed much lower in the gradation list, whereas theirs juniors have been placed above them. The petitioners have also made representation seeking rectification in the gradation list, but the same has not been considered and decided till date.

Therefore, appropriate writ/direction be issued to the respondent authorities to rectify the gradation list and place the petitioners immediately after Sr.59 as per their seniority.

2.

Mr. Siddharth Dubey, learned State counsel, would submit that the petitioners' objection, if any, shall be considered and decided

expeditiously.

3.

Be that as it may, since the petitioners have already raised objection/representation to the respondent authorities regarding their seniority on the post of Platoon Commander and rectification of gradation list, the respondent authority/Competent Authority is directed to consider and decide the petitioners' objection/representation within 8 weeks from the date of receipt of copy of this order. The petitioners are at liberty to make additional representation along with applicable rules, regulations and judicial precedents in support of the representation.

4.

With the aforesaid observation and direction, the writ petition stands disposed of. No order as to cost (s).

Sd/- Sanjay K. Agrawal Judge Nirala