Disposed

Lalit Minj v. State of Chhattisgarh

Chhattisgarh HC10 Oct 2022WPS/6319/2022

Case brief

AI extract

What is this about?

Petitioner, a former Head Constable who participated in Anti Naxal Operation, filed a writ petition seeking out of turn promotion under Special Armed Force Rules and Police Regulations. Coordinating with coordinate benches, the court directed the Directorate General of Police to consider the pending representation.

What did the court decide?

Directed respondent-2 to consider and decide petitioner's representation (Annexure P3) on out of turn promotion within three months.

Lalit Minj Vs State of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 6319 of 2022

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Lalit Minj S/o Late Shri J.K. Minj Aged About 46 Years R/o Village Matlutoli, Post Harradand, Tahsil And P.S. Kunkuri, District Jashpur Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Its Chief Secretary, Department Of Home (Police), Mahanadi Bhawan Mantralaya, Police Station And Post Rakhi, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

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Director General Of Police (D G P) Police Headquarters (P H Q), Sector 19, Near Mahanadi Bhawan, Atal Nagar, Police Station And Post Rakhi, Nawa Raipur, District Raipur Chhattisgarh

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Inspector General Of Police (I G P) Office Of Inspector General Of Police, Lalbag, Jagdalpur, District Bastar Chhattisgarh

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Superintendent Of Police (S P ) Office Of Superintendent Of Police Jagdalpur, District Bastar Chhattisgarh

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Superintendent Of Police (S.P.) Office Of Superintendent Of Police , Special Task Force (S.T.F.), Baghera, District Durg Chhattisgarh

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Vijay Yadav Company Commander, Special Task Force (S.T.F.), Baghera District Durg Chhattisgarh

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Faijuddin Ahmad Platoon Commander, Special Task Force (S.T.F.), Baghera, District Durg Chhattisgarh

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Purshottam Nag Head Constable, Special Task Force (S.T.F.), Baghera, District Durg Chhattisgarh

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Veer Bahadur Singh Head Constable, Special Task Force (S.T.F.), Baghera, District Durg Chhattisgarh

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10.Bhurkuti Baghel Head Constable, Special Task Force (S.T.F.), Baghera, District Durg Chhattisgarh

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11.Baman Sinha Head Constable, Special Task Force (S.T.F.), Baghera, District Durg Chhattisgarh)

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12.Pitambar Nag Head Constable, Special Task Force (S.T.F.), Baghera, District Durg Chhattisgarh

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13.Sanjay Kumar Banjare Head Constable, Special Task Force (S.T.F.), Baghera, District Durg Chhattisgarh ---- Respondents

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(Cause title is taken from Case Information System)

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For Petitioner : Shri Abhishek Pandey, Advocate

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For Respondents

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: Shri Suyashdhar Badgayya, PL

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Hon'ble Shri Justice Parth Prateem Sahu Order on Board

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10.10.2022

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Shri Abhishek Pandey, learned counsel for the petitioner submits that at this stage, grievance of petitioner would be redressed if respondent-2 is

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Wps 6319 of 2022

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directed to consider and decide Annexure P3 representation submitted by petitioner on 04.08.2021 expeditiously.

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Shri Suyashdhar Badgayya, learned State counsel would submit that he is having no objection to the limited prayer made by learned counsel for the petitioner to direct respondent-2 for considering and deciding the pending representation (Annexure P3) of petitioner expeditiously.

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Case of petitioner is that petitioner also participated in Anti Naxal Operation being an employee of Police Department. At that relevant time he was posted as Head Constable. Learned counsel for the petitioner contended that under provisions of Rule 56(3) of Special Armed Force Rules, 1973 and Regulation 70 of Police Regulations, there is provision for grant of out of turn promotion to Police Personnel, who participated in Anti Naxal Operation. Some of the members of Police Team, who participated along with petitioner in this operation approached this Court raising similar grievance and they have been considered for out of turn promotion. Petitioner also submitted representation before respondent-2 for his promotion, which is still pending consideration, even after lapse of about more than one year. Learned counsel for the petitioner submits that co-ordinate Bench of this Court in WPS-759 of 2018 and WPS-5254 of 2021, considered grievance of petitioners therein for out of turn promotion on similar ground directing respondents therein to consider and decide their claim. Hence, this petition may also be disposed of directing respondent-2 to consider and decide representation of petitioner within specified time frame.

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I have heard learned counsel for the parties.

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Wps 6319 of 2022

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Perusal of documents annexed with petition would show that in FIR lodged by the Inspector, Police Station Nagarnar against Sanju, Laxman and other 30-40 Naxalites, showing name of petitioner to be one of participants in Anti Naxal Operation and also considering order passed by coordinate Bench of this Court in WPS-759 of 2018 and WPS-5254 of 2021, I find it appropriate to dispose of this petition at this stage, instead of keeping pending before this Court seeking reply from respondents to consider and decide representation of petitioner (Annexure P3) submitted on 04.08.2021 before respondent-2 within a period of three months from the date of receipt of copy of this order. Accordingly, writ petition stands disposed of.

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Sd/(Parth Prateem Sahu) JUDGE

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padma

Lalit Minj v. State of Chhattisgarh

Case brief

What is this about?

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Lalit Minj v. State of Chhattisgarh

Case brief

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