The main legal point established in the judgment is that the past services of the petitioner were not considered for promotion to the post of Head Constable as per the specified qualifying service of 6 years, as per the circulars.

ORDER :

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:

“(i) That, this Hon’ble Court may kindly be pleased to direct the respondents to consider the case of petitioner with respect to making an arrangement for the main examination and by giving a liberty and permission by the department to appear in the main examination, in case he is selected, he be made the Head Constable and direct him to get the benefits of the salary and other benefits right from 04.03.2016 on the day when other constable were given the benefits.

(ii) That, the respondents be directed to promote the petitioner from the time and from the day, when the other constables of his rank were promoted to the post of Head Constable, so that there should not be any discrimination between the petitioner and other persons, those who has been promoted right from 06.03.2017 and until the petitioner is not given the benefit of promotion, other constable who have been shown in the waiting list along with the petitioner be also not granted the benefit of promotion.

(iii) That, the Hon’ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.”

2. Brief facts of the case as projected by the petitioner are that, the petitioner was appointed as a constable on 07.09.2005 and he was appointed as Constable in 4th Battalion Chhattisgarh Arms Force Mana and thereafter in the District Force, in the recruitment process, the petitioner got departmental permission on 30.03.2010 and therefore after the permission was granted, he was free for 4th Battalion, Chhattisgarh Arms Force Mana and was inducted in to District Force on 13.12.2010 and thereafter the petitioner gave the Amad in District Force Raipur in accordance with the procedure of police regulation, thereafter he was transferred to District Gariyaband for the purposes of regular duties.

3. The petitioner files the copy of wireless message dated 17.02.2016, in which the petitioner has been assembled in the departmental examination for promotion to the head constable and in accordance with the application invited from the petitioner and other constables for departmental examination, in view of the departmental order passed by the police head quarter dated 12.01.2016 and from the office of the respondent No. 3 dated 18.01.2016, the petitioner, thereafter appeared in the departmental examination, where his physical test and drill test were taken and the petitioner having passed those examinations and the petitioner files the copy of preliminary examination in Roll No. 114 in S. No. 14, the petitioner declared pass in the examination in badge No. 423 and passed in the police regulations and rules and orders and the result was declared by the respondent No. 4.

4. The petitioner who filed an application under Right to Information Act from the information officer i.e. respondent No. 4 and the reply of the Establishment Branch of respondent No. 4, dated 06.03.2017 was sent to him. Since some constables, who have been promoted, were juniors to the petitioner according to the appointment order mentioned therein and because of this reason that the petitioner was permitted to appear departmentally in the preliminary examination, but where the petitioner after the examination was declared successful, he was not permitted to appear in the main examination and because of this reason that when the petitioner was appointed initially according to the record, on 07.09.2005 in the 4th Battalion of C.G. Arms Force Raipur and thereafter after the departmental permission, the petitioner was brought in the District Force and was free from 4th Battalion by order dated 04.12.2010 and the petitioner gave his appearance on 13.12.2010, but the petitioner has not been permitted to the main examination, though the petitioner has been accepted by the memo dated 03.11.2015 of S.P. Gariyaband, but because of this reason that the petitioner has been i