Chattisgarh High Court
Ram Bahor Pandey vs State Of Chhattisgarh 33 Wpc/4394/2019 ... on 4 December, 2019
Bench: P.R. Ramachandra Menon, Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 4856 of 2017
1. Ram Bahor Pandey S/o Late Shri H.B.Pandey, Aged About 61 Years R/o Village
Gangtira, Post Katra, Police Station Garh, Rewa, Tahsil And District Rewa M.P.
2. Ramnarayan Tiwari S/o Late Shri Ramnivash Tiwari, Aged About 61 Years R/o
Gadhelpara, Shukla Colony, Baikunthpur, Police Station, Tahsil And District
Baikunthpur, Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Its Chief Secretary, Department of Home/ Police,
Mahanadi Mantralaya, Police Station And Post Rakhi, New Raipur, District
Raipur, Chhattisgarh
2. Under Secretary, State of Chhattisgarh, Department of Home/ Police, Mahanadi
Mantralaya, Police Station And Post Rakhi, New Raipur, District Raipur,
Chhattisgarh
3. Director General of Police D.G.P. Police Headquarters P.H Q. Near Mahanadi
Mantralaya, Police Station And Post Rakhi, New Raipur, District Raipur,
Chhattisgarh
4. Additional Director General of Police A.D.G.P., Intelligence, Police Headquarters
P H Q, Near Mahanadi Mantralaya, Police Station And Post Rakhi, New Raipur,
District Raipur, Chhattisgarh
5. Assistant Inspector General of Police A.I.G.P. Intelligence, Police Headquarters
P H Q, Near Mahanadi Mantralaya, Police Station And Post Rakhi, New Raipur,
District Raipur, Chhattisgarh
---- Respondents
For Petitioner : None.
For Respondents/State : Shri Sudeep Agrawal, Deputy Advocate General.
Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per, P.R. Ramachandra Menon, Chief Justice 04/12/2019
1. The Petitioners have moved this Court with following prayers:
"(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioners before this Hon'ble Court for its kind perusal.2
(ii) That, this Hon'ble Court may kindly be pleased to declare Unconstitutional and Ultra Virus to the impugned Chhattisgarh Police Executive(Gazetted) Service Recruitment and Promotion Rules, 2005 and also quashed the said Rules.
(iii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities that after quashment in the said rule 2005, the petitioners be promoted to the post of Dy.
Superintendent of Police (Special Branch) from year 2013 when first gradation list was published.
(iv) That, this Hon'ble Court may kindly be pleased to grant suitable compensation to the petitioners for the mental agony and physical hardship suffered by them as also cost of the litigation."
2. Shri Sudeep Agrawal, the learned Deputy Advocate General submits, on the basis of the instructions received, that the grievance projected by the Petitioners no longer subsists, so far as the Chhattisgarh Police Executive (Gazetted) Service Recruitment and Promotion Rules, 2005 have been amended and that the Petitioners have already been promoted to the post of Deputy Superintendent of Police.
3. There is no representation for the Petitioners.
4. In the above circumstance, it appears that the Petitioners have lost interest in the cause of action. It is dismissed for non prosecution.
Sd/- Sd/-
(P.R. Ramachandra Menon) (Parth Prateem Sahu)
Chief Justice Judge
Hem