Santosh Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6109 of 2018 Santosh Yadav S/o Late R S Yadav, Aged About 48 Years, Presently Posted Head Constable, Police Station Tikrapara, Raipur, Chhattisgarh, R/o Pension Bada, Near Holy Cross Girls School, Raipur And Tahsil District Raipur, Chhattisgarh.

---Petitioners

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Home Affairs, Mahanadi Bhavan, New Raipur, District Raipur, Chhattisgarh.

2. Director General Of Police, Police Head Quarter, Raipur, District Raipur, Chhattisgarh.

3. Inspector General Of Police Raipur, District Raipur, Chhattisgarh.

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

5. Superintendent Of Police, Bijapur, District Bijapur, Chhattidgarh. ---Respondents For petitioner :

Shri Syed Imtiaz Ali, Advocate.

For State :

Shri Ratan Pusty, Government Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 18/09/2018 1.

The grievance of the petitioner in the instant Writ Petition is the nonconsideration of the petitioner for promotion from the post of Constable to Head-Constable with effect from 05/06/2010.

2.

The contention of the counsel for the petitioner is that, the petitioner fulfills all the eligibility criteria required for promotion and that the claim of the petitioner was only not considered for promotion on account of the fact that, when the promotion process was initiated, the petitioner was on deputation to a different department and in the process, the juniors to the petitioner

have also been promoted with effect from 05/06/2010. He further submits that, subsequently, the petitioner has now been promoted as a HeadConstable with effect from 05/06/2017 and as such the petitioner has lost his seniority on the promotional post for about 6 years from the date his immediate juniors have been promoted.

3.

Given the limited grievance, let the petitioner make a detailed representation to the respondent No.2 (in addition to the representations which are already pending), within a period of 2 weeks' from today and the respondent No.2 in turn shall decide the same taking into consideration the factual matrix of the case and would compare his claim along with his immediate juniors the respondent No.2 shall issue appropriate orders on the representation within a period of 60 days from the date of receipt of representation.

4.

The Writ Petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Sumit JUDGE