H3 o S'v'-^^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR (CHHATTISGARH) WRITPETITION N0. 15^/2004 PETITIONERS «p\^ <-',.<<s'..-' A°'.. ^•%^ '-^^K ^. ^:^?>' 1. Bodhan Sahu, aged about 42 years, S/o. Shri Chetan Ram Sahu, Head Constable, Police Station Saraipali, District Mahasamund, Chhattisgarh 2. Badri Prasad Baghmar, 38 years, S/o. Shri P.R. Baghmar, Head Constable, Police Station Gobra Nawapara, District Raipur, Chhattisgarh 3. Ram Sahai Singh Rajput, aged about 43 years, S/o. Shri Mordhwaj Singh Rajput, Head Constable, Raipur Traffic Police, Raipur, District Raipur, Chhattisgarh <--^ ^ > S'iS'lBllBB ^^~--^% G'''' Khunnidhar Dwivedi, aged about 47 years, S/o. Shri Dhirajdhar Dwivedi, Head Constable, Raipur Traffic Police, Raipur, District Raipur, Chhattisgarh Gabhru Ram Chandel, aged about 42 years, S/o. Aghnu Ram Chandel, Head Constable, Police Station Chhuikhadan, Rajnandgaon, District Rajnandgaon, Chhattisgarh 6. Murlidhar Tiwari, aged about 47 years, S/o. Shri Mewalal Tiwari, Head Constable, Police Station Dharsiwa, Raipur, District Raipur, Chhattisgarh 7. Jai Lal Sahu, aged about 45 years, S/o. Late Shri Dayaram Sahu, Head Constable, Police Station Baghnadi, District Rajnandgaon, Chhattisgarh 8. Ghanshyam Deshmukh, aged about 45 years, S/o. Late Shri Ramcharan Deshmukh, Head Constable,; Police Station City Kotwali, Rajnandgaon, District Rajnandgaon, Chhattisgarh ^^^^^y^s Saumitri Bhoi, aged about 40 years, S/o. Shri Damaru Bhoi, Head Constable, Police Training School, Mana Camp Raipur, District Raipur, Chhattisgarh 10. Ved Vyas Diwan, aged about 34 years, S/o. Shri Veer Singh Diwan, Police Training School, Mana Camp, Raipur, District Raipur, Chhattisgarh VERSUS RESPONDENTS 1. State of Chhattisgarh Through: ChiefAddl. Secretary Government. of Chhattisgarh Department of Home Affairs, DKS Bhawan, Mantralaya, Raipur Chhattisgarh 2. Director General of Police, State of Chhattisgarh, Raipur, Chhattisgarh 3. Inspector General of Police, Raipur Range, Raipur, District Raipur, Chhattisgarh WRIT PETITION UNDER ARTICLE 226/^27 OF THE CONSTITUTION OF INDIA The petitioners respectfully beg to submit as under: - PARTICULARS ABOUT THE PETITJQNER: The particulars about the Petitioner are mentioned above in the cause title. PARTICULARS ABOUT THE RESPONDENTS: The particulars about the Resppndents are mentioned above in the cause titte. - / <;'"f-13:"';'!: -% HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 1924 of 2004 titioners Bodhan Sahu aad ofhers Versus Respondents Slate of Chhattisgarh aud others SB: Hon'ble Mr. Justice Satish K. Agnihotri, J Shi-i Ranbir Singh, Advocate for the petitioners. Shri V. V. S. Moorthy, Deputy Advocate General with Smt. Anju Ahuja, Deputy Govt. Advocate for fhe respondeats. ORAL ORDER (22nd June, 2006) The foUowmg orier of the Court was passed by Satish K. Agnihotri, J. 1. Leamed counsel appearmg for fhe petitioners submits fhat the petitioners, who are selected for appointinent on. fhe post of Assistant Sub Inspector (ASI) on 26&, 27th and 30A August, 2002, could not be appointed because of the aniended 8.0.P. No. 24/2002 dated 23.6.2003 (Aimexure P/1), whereby fhe niode of appointiuent was changed to on the basis of seniority. The respondent/State by circular dated 10.3.2005 (Annexure P/7) has decided to proniote aU fhe selected Head Constables, iii the examinations, who coiild not be piTonioted on the post of Assistant Sub Inspector on account of the earlier amended S.O.P. No. 24/2002 dated 23.6.2003. 2. In the writ petition No. 1210/2(X)4(Bharat Lal Nagwaashi Vs, State of Chliattisgarh fe ofhers), wherein the same issue was iiivolved, this Court after recordiag the stateinent of learued counsel for the State has observed as under:- 3. "Counsel for the State subrmts ituxt vide Standing Order of Police No. 806-A/300S daied 10.3.2005 Atviexure R-l, it has been directed that the police personnel wfm had appeared in ihe deparfinental prontotion exaniination and were selected and also those who were seleded in the departinental pronwfion exarmnation and had subseguently cmnpleted their Pre- Projnoiion Courl, will be given pronwlion io the post of Assistant Sub Inspector as per Sfanding Order of Police dated 23.10.2002. He subrmts that fhe petiiioner will be promoted. ° aad directed that fhe suitable orders be issued as early as possible preferably withia tavo monfhs froin that day. Leamed Depuly Advocate General, appearing for the respondent/Stete, subiaits that two similarly situated Head Coustables, who were selected in fhe aforesaid examination, aad are fhe petitioners in this petition, had already beea pronioted to fhe post ofAssistaat Sub {nspector. !n view of the aforeiuentioned facts and subniissions inade by leamed counsel for the respondent/State, this petition stands disposed ofwith a dircction to pass appropriate orders in case of fhe renaainuig petitioners, as early as possible. In the facts of fhe case, no onier as to costs. SA'- Satish K. Agnihotri Judge "hakur