.">. ,'\.^-^-^^ ^•sii's^i^^^L^ <,.^ c ^.^^ ^ , '—'" l~l."l""i» i BEFORE THE HON'BLE HIGH COURTOFCHHATTISGARH /^) WRLTPETITIONfSl N0. ^2-7^-QF 2007 b ^T^/6 i^ p,es PETITIONER .»••**.. ^^y^ ^•:'?tP'K^''"' ^••' ^S'iS^^ A«.eA>f RESPONDENTS ^€> ^ 0 a&; -.^<i»^ <s-" •^Shyamdas, aged about 5^.yearS, S/o Late Shri Phoolchancl';"'Dy. Superintendent of Police, (Adim Jati Kalyan), Balrampur, Police Distriot - Balrampur, District Surguja (Chhattisgarh) Versys ^{. State of Chhattisgarh, through the Secretary, Home Affairs (Police), Mantralaya, D.K.S. Bhawan, Raipur (Ghhattisgarh) 2. Director General of Police, Police Headquarters, Raipur (Chliattisgarh) \0 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION 6FHNDIAI:ORISSUANCEOFAWRITORWRITINTHE NATURE OF MANDAMUS, ORDER OR ORDERS, DIRECTION ORDIRECTIONS OR THE LIKE sn^lw Isiiii IWt «i^?i s*t*iict> 3^ "i||-41<nA|, ^Tllyito, "f^IRTg? W •f\y)^ • 6 2^ 2-/-L^ 7- 3ii^I^I^(l«{^^) swiw ^ifer sni^T vtith Shri Ranbir Singh Marhas, coi Shri A. V. Sridhar, Panel Lawyj Heard. Though, time was granted respondents prays for further time to f Ho'wver, considering the natiji on which, this petition has been filed, the matter. The petitioner has filed this p{ respondents to grant higher pay sca| 1997, and further higher pay scale direct the respondents to grant promc||i The factual matrix relevant n appointed on the post of Deputy Su[ 05/06-12-1986 on probation for a peij oonfirmed on the post in the year 1| reckoned from the date of confinTlat seniority position as on 01-04-2003 S.No.23 of the list. As many as thr^ against the petitioner. Out of these counsel for the petitioner as also avei was exonerated from two cases, whet Censure was imposed vide order dat^c conciusion of department enquiries, Headquarters to the Government forl 21-11-2003 (Annexure P-6). The petiti ^>i<fF<n^i 'Hffl^f^^^ <f<»it$t< ^siignsii^i IV inset for the petitioner. er for the State/respondents. to file repty, learned counsel for the ile reply. ire of relief sought and the background, it would be proper to finatty disposed ofi' itition for issuance of a direction to the |e to the petitioner wrth effect from year •effect from 01-04-2001, and aisoto tlon to the next higher post. \)T the'case is that the petitioner was i)erintendent of Poliee vide order dated liod of tw'o years and the petitioner was p91 stating that his seniority ';vould be tion. As per gradation list, showing sxure P-3), the petitioner is piaced at |e departmental enquiries were opened fhree enquiries, it Is stated by learned |red in the writ petition that the petitioner ^eas in one case, an order of penaity of ;d 05-09-2003 (Annexure P-5). After the a proposal was submitted by the Potice jrant of Senior Scale vide letter dated ioner preferred representation on 15-07- (4.nne: W»'t[V<IJ)<1 <is;"ll<M, Ual-IK'lid—FS/140—2/2011—1,50,000. t^^»s..^^» ^a^sis^y:;,.^, ...y-w-^t._ .*y., » .y •.••^^s^-; '•~W3£SiSits^ '•SgS'-'^^' s-»fc^ci-HC—78 ^s? -41'41<ri^, ®'fll<-l'l<a,fqwK-iy sn^iira^ (' SI^I^ll^TR? TT«TT 3TT^?T sti*ll°f) ^iqferfhitfn^ ^fs^S <fat<i< ii'affirasn^t Tumai.'e 2007 (Annexure P-8) with a requef higher pay scale and promotion. Learned counsel forthe pet| pendency of departmental enquir| scale and promotion to the next t< after all the departmental enquirie^ in considering his case for grant of| higher post. C-onsidering the submission) and taking into consideration that Police Headquarter for grant of hid dated 21-11-2003 (Annexure P-6)| justice to direct respondent No. 1 to] of the petitioner for grant of nes^ promotion in accordanoe with lav4 petltioner's claim for grant of next the respondents shall also considej scale or promotion vi/ith effect from| passed in the departmental enqi applicable In the case. As the matt| was pending for quite some time b< just and proper to direct the resp^ petitionerexpeditiously and within ^ With the aforesaid direction, it for consideration of his case for grant of Itioner submitted that it was because ofthe |es that his case for grant of higher pay ligher post was not being considered, but have been concluded, there is no hurdie liigher pay scale and promotion to the next the |made by learned counsei for the petitioner proposal has already been made by the |her pay scale to the petitioner vide letter it would be expedient In the interest or ]take necessary steps to consider the case higher pay scale as also for grant of The respondents while consjdering the [ligher pay scale or for grant of promotion, the petitloner's claim for grant of said pay |the due date in the light of various orders liries and the reievant rules and policy ^r relating to claim of the petitioner, 'which ^fore the respondent authority, it would be ndent authority to decide the claim of the reasonable time. |the petition is finaiiy disposed off. Sd/- Manindra Mohan Shrivastava Judge