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2026 Supreme(Online)(Chh) 28066

HIGH COURT OF CHHATTISGARH AT BILASPUR


WA No. 944 of 2025



1 - Om Prakash Dewangan S/o Dawram Dewangan Aged About 37 Years Occupation Service Posted As Sub Inspector (Radio) At 7th Battalion Caf Bhilai Presently Working At Radio Training Centre, Bhilai District -Durg (C.G.)


2 - Dharmesh Kumar Sahu S/o Bisahat Ram Sahu Aged About 35 Years Occupation Service Presently Posted And Working As Sub Inspector (Radio) State Cyber Cell, Police Headquarters Raipur District- Raipur(C.G.)


3 - Aparajita Singh Rana D/o Rajendra Kumar Singh Rana Aged About 31 Years Occupation Service Presently Posted And Working As Sub Inspector (Radio) State Cyber Cell, Police Headquarters Raipur District-Raipur (C.G.)


4 - Gaurav Shukla S/o Ram Chandra Shukla Aged About 33 Years Occupation Service Presently Posted And Working As Sub Inspector(Radio) Special Branch, Ats Raipur District- Raipur (C.G.)


... Appellant(s)


versus


1 - State of Chhattisgarh Through Secretary, Department Of Home Affairs, Mahanadi Bhawan , Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur (C.G.)


2 - Director General Of Police Police Head Quarter Atal Nagar, Nawa Raipur, District- Raipur (C.G.)


3 - Additional Director General Of Police (Telecommunication ) Raipur District- Raipur (C.G.)


... Respondent(s)



For Appellant(s) : Mr. Sourabh Sahu, Advocate.


For State : Mr. S. S. Baghel, Government Advocate.



Hon'ble Shri Ramesh Sinha, Chief Justice


Hon'ble Shri Ravindra Kumar Agrawal, Judge


01/09/2026


Sd/- Sd/-


(Ravindra Kumar Agrawal) (Ramesh Sinha)

Judge Chief Justice


Alok

Digitally signed ALOK b S y H A A L R O M K A SHARMA Date:2026.09.0217:06:26 +05301CGHC010506822025 2026:CGHC:38752-DB NAFR

2(Cause-title taken from Case Information System)

Judgment on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Sourabh Sahu, learned counsel for the appellant aswell as Mr. S. S. Baghel, learned Government Advocate for the Respondent/State.

2. The present intra-Court appeal has been preferred by the appellants against the order dated 10.10.2025 passed by the learned Single Judge in W.P.(S) No. 11544 of 2025, titled Om Prakash Dewangan and Others vs. State of Chhattisgarh & Another, whereby the writ petition filed by the appellants herein came to be dismissed.

3. The brief facts of the case, as projected before the learned Single Judge, are that the appellants were appointed on the post of Sub Inspector (Radio) vide order dated 30.10.2017 after successfully qualifying the prescribed recruitment process and joined their respective posts in November, 2017. Their services are governed by the Chhattisgarh Police Executive (Non-Gazetted) Service Recruitment Rules, 2021, under which the next promotional post from Sub Inspector (Radio) is Inspector (Radio) and eight years of service on the feeder post is prescribed for promotion. The appellants contended that, in view of Rule 6(2) of the Chhattisgarh Public Services (Promotion) Rules, 2003, particularly the Explanation thereto, the qualifying service is required to be computed from the calendar year in which the employee joined the feeder cadre and not from the actual date of joining. Thus, according to the appellants, having joined the feeder cadre in the year 2017, they had completed the requisite eight years of qualifying service in the year 2024 and were eligible for consideration for promotion as on 01.01.2025. It was also contended that seven posts of Inspector (Radio) were lying vacant and the appellants, being senior in the gradation list and falling within the zone of consideration, were entitled to be considered for promotion.

4. It was further the case of the appellants that despite their eligibility, the respondents failed to convene the Departmental Promotion Committee and consider their cases for promotion, though DPCs had been convened and promotion orders had been issued in respect of other officers of the department. The appellants, having made representations to the authorities without any favourable response, preferred W.P.(S) No. 11544 of 2025 before the learned Single Judge. The learned Single Judge, vide order dated 10.10.2025, dismissed the writ petition holding that the appellants would complete eight years of service in October, 2025 as per their respective dates of joining and would consequently become eligible for promotion on 01.01.2026.

Aggrieved by the aforesaid order, the appellants have preferred the present intra-Court appeal.

5. Learned counsel appearing for the appellants would submit that the learned Single Judge has erred in dismissing the writ petition by holding that the appellants would complete eight years of service only in October, 2025, and would consequently become eligible for promotion from 01.01.2026. He would submit that the said finding is contrary to the specific provision contained in the Explanation to Rule 6(2) of the Chhattisgarh Public Services (Promotion) Rules, 2003, which expressly provides that, for the purpose of computing eligibility for promotion, the qualifying service is to be counted from the calendar year in which the Government servant joined the feeder cadre and not from the actual date of joining. Since the appellants joined the feeder cadre in the year 2017, their qualifying service of eight years stood completed in the year 2024 and, therefore, they were eligible to be considered for promotion as on 01.01.2025.

6. Learned counsel would further submit that under the Chhattisgarh Police Executive (Non-Gazetted) Service Recruitment Rules, 2021, the

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