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2026:CGHC:5171

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 1159 of 2026

1 - Giriraj S/o Shri Heeralal Sahu Aged About 37 Years Occupation

Retired Army Man Spr At Bombay Engineer Group (Khadki) Pune

Maharashtra, R/o Village Bodra (S), P.S. Arjuni, Distt. Dhamtari,

Chhattisgarh.

... Petitioner

versus

1 - The State Of Chhattisgarh Through The Secretary, Department Of

Home Affairs, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur,

Chhattisgarh.

2 - The Director General Of Police (Dgp) Police Head Quarter,

Chhattisgarh, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh.

3 - The Superintendent Of Police Distt. Dhamtari, Chhattisgarh.

... Respondents

For Petitioner : Mr. Roop Ram Naik, Advocate.

For Respondents : Mr. Y.S. Thakur, Additional A.G.

Single Bench : Hon'ble Shri Justic e Parth Prateem Sahu

Order on Board

30/01/2026

1. Petitioner has filed this writ petition praying for the

following reliefs:-

“10.1 That, this Hon’ble Court may kindly

be pleased to issue writ/order/direction

against the respondents State authority to

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include the name of the petitioner in

selection process of Constable Category of

the year 2023-24 and select/ appoint the

petitioner on the post of Constable from the

reserve category Ex-Serviceman/ Ex-Army,

in any District/ Institute i.e. District

Dhamtari.

10.2 That, This Hon’ble Court may kindly

be pleased to grant other relief(s) which

may be suitable in the facts and

circumstances of the case, may also be

granted in the favour of the petitioner.”

2. Learned counsel for the petitioner submits that pursuant

to the advertisement dated 28.01.2024, petitioner had

submitted an application form for the post of Constable

(GD). However, vide letter dated 19.12.2025 (Annexure

P/1), he was informed that he was not an ex-serviceman

and was still in employment, therefore, he is ineligible for

consideration of his candidature for appointment on the

post of Constable (GD) as Ex-Servicemen Candidate. He

contended that the decision of the authority of declaring

the petitioner to be ineligible is erroneous. Referring to

letter dated 04.01.2024 (Annexure P/6), learned counsel

for the petitioner would submit that vide the aforesaid

letter, it was informed to the petitioner that he is going to

retire from service with effect from 31.03.2025.

3. He also submits that the last date for submission of the

application form was extended and according to the

extended period, last date for submission of form was

15.02.2024. As the letter dated 04.01.2024 (Annexure

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P/6) issued is prior to the last date of submission of

application form, the petitioner was eligible.

4. On the other hand, learned counsel for the

Respondent/State opposes the submissions made by the

counsel for petitioner and would submit that the applicant

submitted his application in the category of Ex-

serviceman, whether will fall in the category of Ex-

Serviceman or not is to be considered on the date of

submission of the application form. The petitioner

admittedly, had not retired from the Indian Army on the

last date of submission of application form and therefore,

he will not come within the category of Ex-Serviceman.

There is no illegality or irregularity committed by the

authorities in rejecting the candidature of the

petitioner/application form on the ground that the

petitioner is not coming within the category of Ex-

Serviceman.

5. I have heard learned counsel for the parties and also

perused the documents placed on record.

6. Submission of counsel for the petitioner is that according

to the advertisement dated 28.10.2023 (Annexure-P/2),

last date for submission of application form was

13.11.2023. It is further claim of the petitioner that the last

date for submission of application form was extended

and according to extended period, last date was

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15.02.2024. It is fair submission on the part of the

petitioner that though, the date of retirement of the

petitioner was 31.03.2025, however, the information for

the date of retirement of the petitioner was given on

04.01.2024. Merely, the