NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6097 of 2014  Mahendra Kumar Sinha S/o Madan Lal Sinha Aged About 26 Years R/o Vill. Jalampur Ps. And Tah. Dhamtari Civil And Rev. Dist. Dhamtari, Chhattisgarh ---- Petitioner Versus

1. State Of Chhattisgarh, Through The Secretary Home Department Mahandi Bhawan Mantralaya New Raipur Cg, Chhattisgarh

2. Director General Of Police Police Headquarters Raipur Cg, District : Raipur, Chhattisgarh

3. The Superintendent Of Police O/o Superintendent Of Police, Chairman Constable Recruitment Committee Raipur Cg, District : Raipur, Chhattisgarh

4. The Superintendent Of Police, O/o Superintendent Of Police, Mahasamund Cg, District : Mahasamund, Chhattisgarh. ---- Respondents WPS No. 5905 of 2014  Omprakash Sinha S/o Shri Punit Ram Sinha Aged About 33 Years R/o Village Bhalesar, Post Kanikera, Ps And Tah Mahasamund, Civil And Revenue Dist Mahasamund, Cg, Chhattisgarh ---- Petitioner Versus

1. State Of Chhattisgarh, Through Secretary, Home Department, Mahanadi Bhawna, Mantralaya, New Raipur, Dist Raipur, Cg, Chhattisgarh

2. Director General Of Police Police Headquarter, Civil Lines, Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh

3. The Superintendent Of Police Office Of Superintendent Of Police, Chairman Constable Recruitment, Committee, Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh

4. The Superintendent Of Police Office Of Superintendent Of Police, Mahasamund, Dist Mahasamund, Cg, District : Mahasamund, Chhattisgarh. ---- Respondents (Cause Title is taken from Case Information System)

For Petitioners : Mr. Abhishek Pandey with Ms. Durga Mehar, Advocates For State : Mr. Kalpesh Ruparel, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

04.07.2024

1) The petitioners have filed these petitions seeking the following relief(s):-

“10.1 That this Hon'ble Court may kindly be pleased to direct the respondent No.2 i.e. Director General of Police Headquarter Raipur to Headquarter Raipur to decide the petitioners representation and given joining to him on the post of Constable G.D. by following reservation rules and policy of Home Guards /Nagar Sainik in Mahasamund District.

10.2 That this Hon'ble Court may kindly be pleased to direct the respondent No.2 i.e. Director General of Police Headquarter Raipur to pay the salary and compensation to petitioner from the month of May 2013 up to till date.

10.3 Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner.”

2) Learned counsel appearing for the petitioners would submit that the authorities concerned ought to have reserved 25 % posts for Home Guard / Nagar Sainik in accordance with Chhattisgarh Police Executive Force, Constable (Recruitment and Conditions of Service) Rules, 2007. He would further submit that the advertisement was published in the year 2012 and no such benefit was given to the Home Guard/Nagar Sainik; thus, he would pray that the petitioners may be permitted to make a representation before the respondents No.2 & 3. The respondents No.2 & 3 may also be directed to consider and decide the representation of the petitioners.

3) On the other hand, learned State counsel would not oppose.

4) I have heard learned counsel for the parties and perused the documents.

5) Taking into consideration the submission made by learned counsel for the petitioners, these petitions are disposed of reserving the liberty in favour of the petitioners to make a representation before the respondents No.2 & 3.

6) In the eventuality of filing of representation by the petitioners, the respondents No.2 & 3 are directed to consider and decide the same strictly in accordance with law in objective manner.

7) With the aforesaid observation (s) and direction (s), these petitions are hereby disposed of.

Sd/-

(Rakesh Mohan Pandey)

Judge Nadim