Praveen Rathore v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5410 of 2021 Praveen Rathore S/o Shri G. P. Rathore, Aged About 39 Years, Working As Head Constable At Cyber Cell Sarguja, District Sarguja, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary Home Department, Ministry, Mahanadi Bhawan, Atal Nagar, Nava Raipur, DistrictRaipur, Chhattisgarh

2. Director General Of Police, Police Head Quarter, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh

3. Inspector General Of Police, Range- Sarguja, District- Sarguja, Chhattisgarh ---- Respondents For Petitioner :

Mr. Somkant Verma, Advocate For State :

Mr. Amrito Das, Addl. Advocate General Hon'ble Shri Justice P. Sam Koshy Order On Board 29.09.2021

1. Aggrieved by the impugned order Annexure P-1 the present writ petition has been filed by which the representation of petitioner in respect of his claim for promotion from the post of Head Constable to the post of ASI has been rejected.

2. The contention of petitioner was that he had participated in the previous promotion process that was convened in the year 2017 and his name also stood reflected in the select list published on

19.05.2017. However, thereafter, the petitioner haas not been issued with an order of promotion and now the new promotion process has been initiated and the petitioner is being forced to undergo the entire promotion process afresh in the light of the new SOP issued by the respondents in the year 2021.

3. A similar issue cropped up before this Court on 28.09.2021 wherein the learned Additional Advocate General had entered appearance and made a categorical statement that the candidates who were found eligible in the previous promotion process that was convened by the respondents would be considered for grant of promotion ahead of those candidates who would be selected in the subsequent promotion process. Learned Addl. Advocate General had also produced a clarification issued in this regard by the Police Headquarters dated 15.09.

2021 whereby the respondents themselves have clarified the stand and held that the select list which was published from the previous promotion process would not lose its validity period and it would remain in force for the purpose of filling up of the vacancies that arises from time to time in the respective categories to which the petitioners belong. That their candidature would be considered ahead of all those candidates who would be selected from the subsequent selection process. The stand of the State also was that all those who have cleared the departmental promotion process in the previous examination that was conducted need not participate in the further promotion examination that would be conducted by the department as the claim of the petitioners and all similarly placed persons would stand protected for all time to come.

4. The writ petition, in terms of the stand of the State in WPS No.

2182/2020 decided on 28.09.2021, deserves to be and is accordingly allowed. The impugned order Annexure P-1 is set aside/quashed. The respondents are directed to ensure that subject to the availability of vacancies and the petitioner being meritorious as also placed in accordance with the seniority in the select list, be considered for promotion forthwith.

5. The writ petition stands allowed and disposed of. Sd/- (P. Sam Koshy) Judge Khatai