Disposed

Narendra Kumar Kashyap v. State of Chhattisgarh

Chhattisgarh HC12 Dec 2024WPS/2803/2022

Case brief

AI extract

What is this about?

Police constables challenged a 2021 SOP counting seniority by merit instead of date of joining. The court held that amending recruitment rules by executive circular without gazette notification violated Section 51(2) of the Chhattisgarh Police Act, 2007 and Article 309, quashed the SOP, and directed seniority be reckoned accordingly.

What did the court decide?

SOP dated 06/08/2021 quashed; respondents at liberty to frame new SOP strictly per Section 51(2) and Article 309; interveners' seniority protected.

Narendra Kumar Kashyap Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2024)

2024:CGHC:49357

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPS No. 6022 of 2021

¶6

1 - Avinash Singh, S/o Shri Rakesh Singh, Aged About 35 Years Constable No. 61, Presently Working And Posted As Head Constable At Police Station - Bishrampur, District - Surajpur, Chhattisgarh,

¶7

2 - Vishal Mishra, S/o Shri Sant Vilash Mishra, Aged About 35 Years Constable No. 168, Presently Working And Posted As Head Constable At Police Station - Pratappur, District - Surajpur, Chhattisgarh.

¶8

3 - Sanjay Kumar, S/o Shri Ram Pravesh Singh, Aged About 35 Years Constable No. 83, Presently Working And Posted As Head Constable At Police Station - Bishrampur, District - Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh

¶9

4 - Shrinath Singh, S/o Shri Ganesh Singh, Aged About 46 Years Constable No. 205, Presently Working And Posted As Head Constable At Police Station - Trikunda, District - Balrampur - Ramanujganj, Chhattisgarh

¶10

5 - Indrajeet Singh, S/o Shri Tejbahadur Singh, Aged About 42 Years Constable No. 217, Presently Working And Posted As Head Constable At Police Station - Pratappur, District - Surajpur, Chhattisgarh

¶11

6 - Ravinand Singh, S/o Shri Nirmal Singh, Aged About 38 Years Constable No. 257, Presently Working And Posted As Head Constable At Police Station - Jhilmili, District - Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh

¶12

7 - Vivekanand Singh, S/o Shri Kirpa Shankar Singh, Aged About 40 Years Constable No. 208, Presently Working And Posted As Head Constable At Police Station - Surajpur, District - Surajpur, Chhattisgarh

¶13

8 - Ramnivas Tiwari, S/o Late Shri Govind Prasad Tiwari, Aged About 43 Years Constable No. 290, Presently Working And Posted As Head Constable At Police Station - Bishrampur, District - Surajpur, Chhattisgarh

¶14

--- Petitioner(s)

¶15

versus

¶16

¶17

1 - State Of Chhattisgarh, Through - Secretary, Department Of Home (Police), Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

¶18

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

¶19

3 - Inspector General Of Police, Surguja Range, Ambikapur, District - Surguja, Chhattisgarh

¶20

4 - President, Promotion Committee, Deputy Inspector General Of Police, Chhattisgarh Armed Force, North Region, Surguja Range, Ambikapur, District - Surguja, Chhattisgarh

¶21

5 - Superintendent Of Police, Surajpur, District - Surajpur, Chhattisgarh

¶22

6 - Superintendent Of Police, Balrampur, District - Balrampur - Ramanujganj, Chhattisgarh

¶23

Respondent(s)

¶24

WITH

¶25

WPS No. 3338 of 2022

¶26

1 - Rajesh Kumar Patel S/o Shri V.P. Patel Aged About 48 Years R/o Manpur, Near Cseb Office, Surajpur, Police Station- City Kotwali, Tahsil And Distt. Surajpur (C.G.)

¶27

2 - Kameshwar Singh S/o Late Shri Narayan Singh Aged About 43 Years Village And Post- Patna, Police Station And Tahsil- Ramanuj Nagar, Distt. Surajpur (C.G.)

¶28

3 - Bisunram Painkra S/o Shri Jagdish Ram Painkra Aged About 42 Years R/o Village- Raisra, Post- Chandramedha P.S.- Bhaiyathaan, Tahsil- Odigi, District- Surajpur (C.G.)

¶29

4 - Jagat Lal Paindra S/o Shri S. S. Painkra Aged About 40 Years R/o Village- Banshipur, Post- Jarhi, P.S.- Bhatgaon, Tahsil- Pratappur, DistrictSurajpur (C.G)

¶30

5 - Satyanarayan S/o Shri Shivmangal Singh Aged About 40 Years R/o Village- Tulsi, Post- Laturi, Police Station- Jainagar, Tahsil And DistrictSurajpur (C.G.)

¶31

--- Petitioner(s)

¶32

Versus

¶33

¶34

1 - State Of Chhattisgarh Through Its Secretary, Department Of Home/police, Mahanadi Bhawan, Mantralaya, Police Station And Post- Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur (C.G.)

¶35

2 - Director General Of Police(Dgp) Police Headquarters (Phq), Sector- 19, Police Station And Post- Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur (C.G.)

¶36

3 - Inspector General Of Police (Igp) Constable To Head Constable Promotion Committee, Office Of Inspector General Of Police, Surguja Range, Distt. Surguja (C.G.)

¶37

4 - Superintendent Of Police (S.P.) Office Of Superintendent Of Police (Sp), Surajpur, Distt. Surajpur (C.G.)

¶38

5 - Gaurav Kumar Sharma Constable, Category- Unreserved, Office Of Sdop, Odegi, Distt. Surajpur (C.G.)

¶39

6 - Bihari Kumar Constable, Category- Unreserved, Posted In Police StationBishrampur, Distt. Surajpur (C.G.)

¶40

7 - Mitesh Mishra Constable, Category- Unreserved, Posted In Police Station- Jairamnagar, Distt. Surajpur (C.G.)

¶41

8 - Vishwaranjan Singh Constable, Category- Unreserved, Posted In Police Station- Bhatgaon, Distt. Surajpur (C.G.)

¶42

9 - Yuvraj Constable, Category- Unreserved, Posted In Office Of S.P., Cyber Cell, Surajpur, Distt. Surajpur (C.G.)

¶43

--- Respondent(s)

¶44

WITH

¶45

WPS No. 4309 of 2022

¶46

1 - Vijendra Kumar S/o Shri Ram Sundar Singh Aged About 38 Years Working On The Post Of Constable At Police Out Post Barion, Police Station Rajpur, Districtd Balrampur Ramanujganj Chhattisgarh.

¶47

2 - Vivek Kumar Pandey S/o Shri Pramod Bihari Pandey Aged About 38 Years Working On The Post Of Constable At Police Out Post Wadrafnagar, Police Station Basantpur, District Balrampur Ramanujganj Chhattisgarh.

¶48

3 - Kameshwar Paikra, S/o Shri Manijar Ram Paikra, Aged About 35 Years Working On The Post Of Constable At P.S. Kusmi, District Ramanujganj Chhattisgarh.

¶49

¶50

4 - Hirachand Bhaskar S/o Shri Ramlal Ram Aged About 37 Years Working On The Post Of Constable At Police Out Psot Barion, Police Station Rajpur, District Balarampur Ramanujganj Chhattisgarh.

¶51

Petitioner(s)

¶52

Versus

¶53

1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralya, Mahanadi Bhawan Naya Raipur, Atal Nagar, P.O. And P.S. Naya Raipur, District Raipur Chhattisgarh.

¶54

2 - The Director General Of Police, Raipur, Police Headquarter, Atal Nagar, Raipur, Distric Raipur Chhattisgarh.

¶55

3 - The Inspector General Of Police, Surguja Range, Ambikapur, District Surguja Chhattisgarh.

¶56

4 - The Superintendent Of Police, Balrampur, District Balrampur Ramanujganj Chhattisgarh.

¶57

5 - Pradeep Yadav Woriking On The Post Of Constable, Batch No. 406, Presently Posted At Police Out Post Barion, Police Station Rajpur, District Balrampur Ramanujganj Chhattisgarh.

¶58

6 - Jaypal Kisportta, Woriking On The Post Of Constable, Batch No. 427, At Police Line Balrampur, District Balrampur Ramanujganj Chhattisgarh.

¶59

7 - Pawan Kumar Singh Working On The Post Of Constable, Batch No. 452, P.S. Rajpur, District Balrampur Ramanujganj Chhattisgarh.

¶60

8 - Pramod Singh Yadav, Working On The Post Of Constable, Batch No. 445, Presently Posted At Police Out Post Barion, P.S. Rajpur, District Balrampur Ramanujganj Chhattisgarh.

¶61

9 - Pradesh Painkra, Working On The Post Of Constable, Batch No. 512, Presently Posted At Police Statin Samri, District Balrampur Ramanujganj Chhattisgarh.

¶62

10 - Pranjul Kashyap, Working On The Post Of Constable, Batch No. 595presently Posted At P.S. Trikunda, District Balrampur Ramanujganj Chhattisgarh.

¶63

11 - Vijay Gupta, Working On The Post Of Constable, Batch No. 670 Presently Posted At Police Station Chalgali, District Balrampur Ramanujganj Chhattisgarh.

¶64

¶65

12 - Harishankar Yadav, Working On The Post Of Constable, Batch No. 5423 Presently Posted At S.P Office Balarampur, District Balrampur Ramanujganj Chhattisgarh.

¶66

13 - Sandeep Gupta Working On The Post Of Constable, Batch No. 477, Presently Posted At S.P. Office, Balrampur, District Balrampur Ramanujganj Chhattisgarh.

¶67

14 - Pradeep Sana, Working On The Post Of Constable, Batch No. 718, Presently Posted At Police Line, Balarampur District Balrampur Ramanujganj Chhattisgarh.

¶68

15 - Mukesh Gupta, Working On The Post Of Constable, Batch No. 37, Presently Posted At Police Station Sanawal, District Balrampur Ramanujganj Chhattisgarh.

¶69

16 - Parmeshwar Sahu Working On The Post Of Constable, Batch No. 440, Presently Posted At S.P. Office, Balrampur, District Balrampur Ramanujganj Chhattisgarh.

¶70

17 - Narayan Minj, Working On The Post Of Constable, Batch No. 485, Presently Posted At S.P. Office, Balrampur, District Balrampur Ramanujganj Chhattisgarh.

¶71

--- Respondent(s)

¶72

WITH

¶73

WPS No. 4362 of 2022

¶74

1 - Anil Kumar Tiwari S/o Shri Kanhaiya Tiwari Aged About 26 Years Working On The Post Of Constable At Police Station Karoundha, Kusmi , District Balrampur Ramanujganj Chhattisgarh, Permanent Resident Of Bouripara , Shikari Road, Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

¶75

2 - Mukesh Kumar Mishra S/o Sachindanand Mishra Aged About 36 Years Posted At Police Station Shankargarh, District Balrampur Ramanujganj Chhattisgarh, Permanent Resident Of Near Pani Tanki , Godhanpur, Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

¶76

3 - Mithlesh Pathak S/o Shri Saheb Pathak Aged About 34 Years Working On The Post Of Constable At Police Station Chando, District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh

¶77

--- Petitioner(s)

¶78

Versus

¶79

¶80

1 - State Of Chhattisgarh Through The Secretary, Home Department Mantralaya , Mahanadi Bhawan Naya Raipur , Atal Nagar, Post Office And Police Station Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

¶81

2 - The Director General Of Police Raipur, Police Headquarter , Atal Nagar, Raipur District Raipur Chhattisgarh.

¶82

3 - The Inspector General Of Police Surguja Range, Ambikapur, District Surguja Chhattisgarh.

¶83

4 - The Superintendent Of Police Balrampur , District Balrampur Chhattisgarh.

¶84

5 - Pradeep Yadav Working On The Post Of Constable , Batch No. 406, Presently Posted At Police Out Post Barion , Police Station Rajpur, District Balrampur, Ramanujganj Chhattisgarh.

¶85

6 - Jaypal Kispotta Working On The Post Of Constable , Batch No. 427 At Police Line Balrampur , District Balrampur Ramanujganj Chhattisgarh.

¶86

7 - Pawan Kumar Singh Working On The Post Of Constable , Batch No. 452 At Police Line Rajpur , District Balrampur Ramanujganj Chhattisgarh.

¶87

8 - Pramod Singh Yadav Working On The Post Of Constable , Batch No. 452 At Police Line Rajpur , District Balrampur Ramanujganj Chhattisgarh.

¶88

9 - Pravesh Painkra Working On The Post Of Constable , Batch No. 512, Presently Posted At Police Station Samri, District Balrampur Ramanujganj Chhattisgarh.

¶89

10 - Pranjul Kashyap Working On The Post Of Constable , Batch No. 595, Presently Posted At Police Station Trikunda, District Balrampur Ramanujganj Chhattisgarh.

¶90

11 - Vijay Gupta Working On The Post Of Constable , Batch No. 670, Presently Posted At Police Station Chalgali, District Balrampur Ramanujganj Chhattisgarh.

¶91

12 - Harishankar Yadav Working On The Post Of Constable , Batch No. 423, Presently Posted At S.P. Office Balrampur, District Balrampur Ramanujganj Chhattisgarh.

¶92

¶93

13 - Sandeep Gupta Working On The Post Of Constable , Batch No. 475, Presently Posted At S.P. Office Balrampur, District Balrampur Ramanujganj Chhattisgarh.

¶94

14 - Pradeep Sana Working On The Post Of Constable , Batch No. 718, Presently Posted At Police Line, Balrampur, District Balrampur Ramanujganj Chhattisgarh.

¶95

15 - Mukesh Gupta Working On The Post Of Constable , Batch No. 377, Presently Posted At Police Station Sanawal, District Balrampur Ramanujganj Chhattisgarh.

¶96

16 - Parmeshwar Sahu Working On The Post Of Constable , Batch No. 440, Presently Posted At S.P. Office Balrampur, District Balrampur Ramanujganj Chhattisgarh.

¶97

17 - Narayan Minj Working On The Post Of Constable , Batch No. 458, Presently Posted At S.P. Office Balrampur, District Balrampur Ramanujganj Chhattisgarh.

¶98

--- Respondent(s)

¶99

WITH

¶100

WPS No. 2803 of 2022

¶101

1 - Narendra Kumar Kashyap S/o Shri Rajkumar Kashyap Aged About 37 Years Presently Working On The Post Of Police Constable (Batch No. 389) Posted At P.S. Rajpur Distt. Balrampur- Ramanujganj (C.G.)

¶102

2 - Jairani Khalkho W/o Pramod Tigga Aged About 42 Years Presently Working On The Post Of Police Constable (Batch No. 448) At Police Line Balrampur, Distt- Balrampur Ramanujganj (C.G.)

¶103

3 - Smt. Lalita Tiwari W/o Nilendra Kumar Aged About 36 Years Presently Working On The Post Of Police Constable (Batch No. 481) Posted At P.S. Shankargarh Distt. Balrampur- Ramanujganj (C.G.)

¶104

4 - Smt. Padma Yadav W/o Vinod Kumar Yadav Aged About 41 Years Presently Working On The Post Of Police Constable (Batch No. 484) Posted At Police Station- Balrampur Distt. Balrampur-Ramanujganj (C.G.)

¶105

5 - Shashikala Tirki W/o Atul Arpan Lakra Aged About 40 Years Presently Working On The Post Of Police Constable Posted At Police StationRamchandrapur Distt. Balrampur-Ramanujganj (C.G.)

¶106

--- Petitioner(s)

¶107

Versus

¶108

¶109

1 - State Of Chhattisgarh Through- The Secretary, Department Of Home Mahanadi Bhawan Atalnagar- Raipur Distt. Raipur (C.G.)

¶110

2 - The Director General Of Police Head Quarter Sector- 19 Nawa Raipur Distt. Raipur (C.G.)

¶111

3 - Inspector General Of Police Surguja Range- Ambikapur, Distt. Surguja (C.G.)

¶112

4 - Superintendent Of Police Balrampur, Distt.- Balrampur-Ramanujganj (C.G.)

¶113

---Respondent(s)

¶114

For Petitioner(s)	: Shri A.N. Pandey, Advocate Shri Abhishek Pandey, Advocate Ms. Akancha Vishwakarma, Advocate Shri Gaurav Lasker, Advocate on behalf of Shri Pawan Shrivastava, Advocate.
For State	: Shri S.P. Kale, Additional A.G.
For Respective Interveners	: Shri Bhaskar Payashi, Advocate Shri CJK Rao, Advocate Shri Govind Dewangan, Advocate

¶115

Hon’ble Shri Justice Rakesh Mohan Pandey

¶116

Judgment On Board

¶117

13/12/2024

¶118

1. The above captioned Writ Petitions involve common questions of law and facts therefore, they were heard together and are being disposed of by this common order.

¶119

2. In these petitions, the petitioners have challenged the SOP issued by Home Department (Police), State of Chhattisgarh dated 06/08/2021, particularly Clause 5 which states that seniority would be counted according to merit of candidates and the date of joining would be irrelevant.

¶120

3. Learned counsel for the petitioners submit that petitioners were appointed on the post of Constables and Head Constable in the Police

¶121

¶122

Department in the year 2005-06 after following due selection process. They further submit that the seniority list was published by the department according to their date of joining. They contend that on 06/08/2021, SOP was issued by the respondent No. 1, and Clause 5 states that the seniority is to be reckoned on the basis of merit and the date of joining would be irrelevant. They further contend that the service rules were amended by the respondent No. 1 contrary to the provisions of Regulation 51 of the Chhattisgarh Police Regulation which provides Gazette Notification of such amendment. They argue that as the decision was not taken according to the Article 309 of the Constitution of India, therefore, the condition inserted in SOP dated 06/08/2021 with regard to reckoning the seniority is erroneous and bad in law.

¶123

4. On the other hand learned State counsel opposes the submissions made by counsel for the petitioners.

¶124

5. Shri Kale, learned Additional Advocate General for the State submits that SOP dated 06/08/2021 was issued by the competent authority in the name of Hon’ble Governor of the State. He further submits that it was a circular issued under Article 162 of the Constitution of India, thus it has statutory force. He contends that there was no need to notify the amendment in the official gazette. He further contends that the Article 309 of the Constitution of India would not attract as new rules have not been promulgated vide circular dated 06/08/2021. He argues that respondent No. 1 has reiterated the provisions of recruitment rules which were already in existence. He prays that these petitions deserve to be dismissed.

¶125

¶126

6. Learned counsel appearing for the respective interveners submit that the interveners are senior to the petitioners. They contend that if this Court comes to the conclusion that Clause 5 of the circular dated 06/08/2021 is bad in law, the respondent-authorities may be directed to consider their claim with regard to seniority as they are senior to the petitioners.

¶127

7. I have heard learned counsel appearing for the parties and perused the documents placed on record.

¶128

8. The SOP dated 06/08/2021 was issued by the respondent No. 1 in the name of Hon’ble Governor. Section 51 (2) says that any amendment in Regulation must be notified in the official gazette and thereafter it will come into force.

¶129

9. The service rules with regard to the Police Departments were enacted in accordance with the Article 309 of the Constitution of India and the respondent No. 1 exercising executive power amended the recruitment rules, which is not permissible. It would be worthy to mention here that respondent No. 1 without notifying the amendment in the official gazette, inserted certain amendment in the recruitment rules, which is contrary to the provisions of Section 51 of the Chhattisgarh Police Act, 2007.

¶130

10. Taking into consideration the above discussed facts, the SOP issued by the respondent No. 1 dated 06/08/2021 is hereby quashed. The respondent No. 1 would be at liberty to frame new SOP, if so advised strictly in accordance with Section 51(2) of the Chhattisgarh Police Act, 2007 and Article 309 of the Constitution of India.

¶131

¶132

11. It is made clear that if the interveners are found to be senior to the petitioners, their seniority shall not be disturbed. The interim order granted earlier is hereby vacated. The candidature of the petitioners as well as the interveners shall be considered strictly in accordance with their respective seniority.

¶133

12. With the aforesaid observation(s) & direction(s), these writ petitions stand disposed of .

¶134

Sd/( Rakesh Mohan Pandey ) JUDGE

¶135

Kamde/ Ajinkya

Narendra Kumar Kashyap v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Narendra Kumar Kashyap v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravindra Singh Vs State Of Chhattisgarh And Ors.

Pyarelal Choudhary Vs State of Chhattisgarh

Hemlata Gite Vs State of Chhattisgarh

Krishna Yadav Vs the State of Chhattisgarh

Ganga Prasad Sinha Vs State of Chhattisgarh

Birendra Kumar Gain Vs Union of India