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High Court Of ChhattisgarhWPS/1975/2015disposed off

A. P. Tripathi And ORS. v. State Of Chhattisgarh And ORS.

2015-07-16Hon'Ble Shri Justice Prashant Kumar Mishra5 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1963 of 2015

1. Smt. Indra Muktiyar W/o Late Shri R.S. Muktiyar Aged About 53 years Occupation Superintendent

2. Shri Paskal Ekka S/o Late Shri Markus Ekka Aged About 52 Years Occupation Auditor,

3. L.N. Sharma S/o Late Shri S.B. Sharma Aged About 55 Years Occupation Subedar (M)

4. S.P. Shukla S/o Late Shri Shivnath Prasad Shukla Aged About 58 Years Occupation Subedar (M)

5. Smt. Shanti Ekka W/o Paskal Ekka Aged About 51 Years Occupation Subedar (M)

6. Smt. Meena Naaranavre W/o Shri Narendra Naarnavre Aged About 53 Years Occupation Subedar (M)

7. B.S. Tomar S/o Shri Fool Singh Aged About 59 Years Occupation Subedar (M)

8. Tejmal Sambwani S/o Nanakram Aged About 56 Years Occupation Sub Inspector (M) All the petitioners are working Under Office Of Police Headquarter, P.S. Rakhi, Raipur, District Raipur (CG)

Versus

Department Mahanadi Bhawan, New Mantralaya, Raipur (CG)

2. The Secretary Finance, Mahanadi Bhawan, New Mantralaya Raipur (CG)

3. The Director General Of Police Raipur, District Raipur (CG)

4. Additional Director General Of Police ( Administration) Police Head Quarter,

5. The Director Treasury Audit And Account And Pension Raipur District

6. The State Of Madhya Pradesh Through Director General Of Police Madhya Pradesh Bhopal (MP)

And WPS No. 1975 Of 2015

1. A. P. Tripathi S/o Shiv Kumar Tripathi Aged About 52 years Occupation Subedhar ( M) Working Under the Office Of Police Headquarter, Raipur, P.S. Rakhi, District Raipur (CG)

2. Lalmani Sen S/o Late Shri Ram Khilawan Sen Aged About 51 Years Occupation Subedar M Working Under The Office Of Police Headquarter Raipur P.S. Rakhi District Raipur (CG)

3. Ravindra Ogley S/o Tulsi Ramji Ogley Aged About 49 Years Occupation Subedar M. Working Under the Office Of Police Headquarter, Raipur P.S. Rakhi, District Raipur (CG)

4. Rewa Ram Prajapati S/o Shri Kalu Ram Prajapati Aged About 52 Years Occupation Sub Inspector (M), Working Under the Office Of Police Headquarter, Raipur, P.S. Rakhi, District Raipur (CG)

5. Sushil Kumar Mishra S/o Late Shri Parmeshar Deen Mishra Aged About 50 Years Occupation Constable (M), Working Under the Office Of Police Headquarter, Raipur, P.S. Rakhi, District Raipur (CG)

6. Jogeshwar Prasad Jaiswal S/o Late Shri Phool Prasad Jaiswal Aged About 52 Years Occupation Constable (M) Working Under the Office Of Police Headquarter, Raipur, P.S. Rakhi, District Raipur (CG) Vs Department Mahanadi Bhawan, New Mantralaya, Raipur (CG)

2. The Secretary Finance, Mahanadi Bhawan, New Mantralaya Raipur (CG)

3. The Director General Of Police Raipur, District Raipur (CG)

4. Additional Director General Of Police (Administration) Police Head Quarter,

5. The Director Treasury Audit And Account And Pension Raipur District

6. The State Of Madhya Pradesh Through Director General Of Police Madhya Pradesh Bhopal (MP) And WPS No. 2018 Of 2015

1. Yadvendra Singh S/o Late Shri Awadh Bihari Singh Aged About 59 years Occupation- Subedhar (M),

2. Mohammad Anwar Khan S/o Late Shri Mohammad Abdul Rashid Khan Aged About 59 Years Occupation- Subedhar (M),

3. Tulsi Ram Baiga S/o Late Shri Pati Ram Baiga Aged About 57 Years Occupation - Subedhar (M),

4. Libnoos Tigga S/o Late Shri Piyush Tigga Aged About 57 Years OccupationSubedhar (M),

5. Rambabu Raghuvanshi S/o Late Shri B.P. Raghuvanshi Aged About 58 Years Occupation- Subedhar (M),

6. Shri Ignasiyus Ekka S/o Late Shri Raphel Ekka Aged About 53 Years Occupation- Subedhar (M),

7. Daulat Ram S/o Late Shri Nirmal Das Aged About 59 Years OccupationSubedhar (M),

8. Smt. Goureti Kerketta (Lakra) W/o Shri Joseph Lakra Aged About 50 Years Occupation- Sub Inspector (M),

9. Motiram Verma S/o Late Shri Maithuram Aged About 51 Years OccupationSub Inspector (M), 10.

Prakash Deshmukh S/o Late Shri Onkar Rao Deshmukh Aged About 60 Years Occupation- Sub Inspector (M), 11.

K.J. Koshy, S/o Late Shri K.M. Jaan Aged About 52 Years OccupationSub Inspector (M), All the petitioners are working Under Office Of Police Headquarter, P.S.- Rakhi, Raipur, District- Raipur-(CG) Vs Department, Mahanadi Bhawan, New Mantralaya, Raipur (CG)

2. The Secretary, Finance, Mahanadi Bhawan, New Mantralaya Raipur (CG)

3. The Director General Of Police, Raipur, District- Raipur (CG)

4. Additional Director General Of Police (Administration) Police Head Quarter,

5. The Director, Treasury, Audit And Account And Pension, Raipur, District -

6. The State Of Madhya Pradesh, Through Director General Of Police, Madhya

Pradesh, Bhopal (MP) ----------------------------------------------------------------------------------------------------- For Petitioners : Shri Rakesh Anthony, Advocate. For Respondent/State : Shri PK Bhaduri, Govt. Advocate. ----------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 16/07/2015

1. At the outset, learned counsel for the parties would submit that the matter in issue has already been considered in WP(S) No.4523/2014 {Francis Xavier Beck & others Vs. State of Chhattisgarh & others & other connected matters} and final order has been passed therein on 3.7.2015, therefore, the present writ petitions may also be disposed of in the same terms.

2. In the said matter, this Court has passed the following order in para-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 Officers not below the rank of ADGP and a senior officer 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."

3. In the order passed in WPS No.4523/2014 and other similar matters, the first clause of para-10 has wrongly mentioned the word 'IPC' in place of the word 'IPS'. Accordingly, it be read as 'IPS'. While constituting the Committee, the respondents shall appoint an IPS Officer not below the rank of ADGP and a senior officer of the Finance Department not below the rank of Additional

Secretary.

4. The writ petitions stand disposed of in the above terms. Sd/- Judge (Prashant Kumar Mishra) Barve