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NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 9503 of 2019

Laxmi Nag D/o Phool Singh Aged About 20 Years R/o Village And Post

Kukanar, Tahsil Chhindgarh, District Sukma Chhattisgarh

---- Petitioner

Versus

1.

State Of Chhattisgarh Through: The Secretary, Home Department,

Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District

Raipur Chhattisgarh

2.

Inspector General Of Police Central Reserve Police Force, Govind

Apartment, Jeeva Vihar Colony, Telibandha, Raipur District Raipur

Chhattisgarh

3.

Commandant Group Centre, Central Reserve Police Force, Raipur

District Raipur Chhattisgarh

4.

Commandant Group Centre, 241 Basteria Battalion, Central Reserve

Police Force, Shedwa, Bastar, District Bastar Chhattisgarh

----Respondents

For Petitioner

:

Mr. Govind Ram Miri, Sr. Advocate with

Mr. Basant Kaiwartya, Advocate

For State

:

Mr. Amit Buxy, Panel Lawyer

For Respondents No. 2 to 4

:

Mr. Ashwini Shukla, Advocate

Hon'ble Shri Justice P. Sam Koshy

Order on Board

05/10/2021

1.

Aggrieved by the impugned order Annexure P/1 dated 04.10.2019 the

present writ petition has been filed. Vide the impugned order the

respondents have refused to grant joining to the petitioner.

2.

The brief facts of the case relevant for the adjudication of the present

writ petition is that the petitioner who is a resident of village Kukanar,

Post Kukanar, Tehsil Chhindgarh, District Sukma. The said place is

one of the remotest and core naxalite area in the State of

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Chhattisgarh. The respondents-the Department of Central Reserve

Police Force initiated a recruitment process for the post of Constable

(General Duty) Female. The petitioner having participated in the

recruitment process qualified the written examination and was

provisionally selected for appointment as Constable (GD) and was

ordered to be posted in 241 Basteria Battalion in Central Reserve

Police Force.

3.

The recruitment process which was meant for Bastar region and in

which the petitioner had participated, an appointment order was issued

vide Annexure P/2 dated 20.02.2019. The petitioner was asked to

report for duty on or before the forenoon of 22.03.2019. The contention

of the petitioner herein is that before receiving the order of

appointment, the petitioner met with an unfortunate road accident on

05.02.2019 and received grievous injuries. The nature of injuries

caused to the petitioner are as under :

“P/O Type II ODONTOID # WITH ROTUTOY ADD with RT. C2

ISTHMUS WITH LT REDIOUS AND HUMERUS#”

4.

Because of the multiple fractures and serious injuries that the

petitioner sustained, she had to be hospitalized and for better

treatment she was hospitalized at Shree Balali Institute of Medical

Science Private Limited at Raipur for the period between 15.02.2019

to 26.02.2019. Thereafter, she was again in continuous treatment from

the said hospital. Because of the multiple fractures, she was confined

to the house alone for the intervening period. The petitioner finally

appeared before the respondent authorities and gave her joining on

22.03.2019 as would be evident from Annexure P/1, wherein it has

been categorically accepted by the respondents that the petitioner

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reported for duty and gave her joining on 22.03.2019. That because

she was still recovering from the multiple fracture injuries that she had

sustained in the accident that she met on 05.02.2019, the authorities

found her to be unfit this time and they ordered the petitioner to

produce a fresh order of fitness, which would enable her to give

joining.

5.

From the report and the materials available with the pleadings in the

writ petition, it appears that the respondents had issue a letter to the

petitioner on 28.03.2019 asking her to produce her fitness certificate,

which would enable the respondents to give her joining. Since the

petitioner was not fully fit at that point of time, she waited for a few

more days