✦ High Court of India

Nafr High Court

Case Details

1 2025:CGHC:36543 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6167 of 2018 1 - Birjhu Ram Kunjam S/o S/o Late Sobh Ray Kunjam Aged About 61 Years Constable No. 51, Working At P. T. S. Rajnnadgaon, District Rajnandgaon, Chhattisgarh. 2 - Shiv Sankar Patkar S/o Late J. L. Patkar Aged About 61 Years, 11 Months Constable (Trade) No. 130, Working At P. T. S. Rajnandgaon, District Chhattisgarh Rajnandgaon, Chhattisgarh., Rajnandgaon, District : 3 - Bheekham Lal Sahu S/o S/o Late Paras Ram Sahu Aged About 61 Years Constable No. 58, Working At P. T. S. Rajnandgaon, District Rajnandgaon, Chhattisgarh Chhattisgarh., Rajnandgaon, District : 4 - Mannuram Sahu S/o S/o Late J. R. Sahu Aged About 61 Years Constable (Driver), Working At P. T. S. Rajnandgaon, District Rajnandgaon, Chhattisgarh Chhattisgarh., Rajnandgaon, District : 5 - Domar Sahu S/o S/o Late Mayaram Sahu Aged About 61 Years Head Constable No. 24, Working At P. T. S. Rajnandgaon, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Atal Nagar Mahanadi Bhawan New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh --- Petitioner(s) 2 - Director General Of Police Police Headquarter, Atal Nagar, New Raipur, Chhattisgarh : Chhattisgarh., District Raipur, 3 - Superintendent Of Police Police Training School, Rajnandgaon, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Respondent(s) with WPS No. 6569 of 2018 2

Legal Reasoning

Smt. Anita Sahu W/o. Shri Gopichand Sahu, Aged About 32 Years A.S.I. (M), Working At P.T.S. Rajnandgaon, District Rajnandgaon Chhattisgarh. Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Atal Nagar, Mahanadi Bhawan, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner 2 - Director General Of Police, Police Headquarter, Atal Nagar, New Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Superintendent Of Police, Police Training School, Rajnandgaon, District Rajnandgaon Chhattisgarh. --- Respondent(s) with WPS No. 8097 of 2018 Dr. M.D. Dulani S/o Late Sukh Ram Dulani Aged About 61 Years Doctor, Working At P.T.S. Rajnandgaon, District - Rajnandgaon, Chhattisgarh. Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Atal Nagar, Mahanadi Bhawan, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner 2 - Director General Of Police Police Headquarter, Atal Nagar, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Superintendent Of Police Police Training School, Rajnandgaon, District - Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Respondent(s) with WPS No. 8490 of 2018 Dinesh Sharma S/o Late Shri K.N. Sharma Aged About 43 Years R/o Police Training School, Rajnandgaon, District- Rajnandgaon, Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Home, Atal Nagar, Mahanadi Bhawan, New Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - Director General Of Police, Police Headquarter, Atal Nagar, New Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 3 - Superintendent Of Police, Police Training School, Rajnandgaon, District- Rajnandgaon, Chhattisgarh, District : Rajnandgaon, Chhattisgarh --- Respondent(s) with WPS No. 6339 of 2018 1 - Brijesh Kumar S/o Shri K.P. Singh Aged About 31 Years Working As Company Commander At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 2 - Kishor Kumar Dhamgesh S/o Shri Chandu Lal Aged About 37 Years Working As Subedar (M) At P.T.S. Rajnandgoan District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 3 - Rashid Haq S/o Shri Afjul Haq Aged About 56 Years Working As Subedar (M) At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 4 - Kamlesh Sonboire S/o Shri Govind Sonboir Aged About 48 Years Working As S.I.(M) At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 5 - Shrwan Mishra S/o Shri Govardhan Mishra Aged About 55 Years Working As S.I.(M) At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 6 - Smt. Rukhsana Begam W/o Shri Umar Aged About 45 Years Working As A.S.I.(M) At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 7 - Guljar Khan S/o Shri A.G. Khan Aged About 38 Years Working As A.S.I. (M) At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 8 - Vikram Singh Rajpoot S/o Shri Nakul Singh Aged About 40 Years Working As A.S.I. (M) At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 9 - Smt. Varsha Sharma W/o Shri Jitenra Sharma Aged About 36 Years Working As A.S.I. (M) At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 4 10 - Raghuraj Singh S/o Shri Dukhuram Aged About 55 Years Working As A.S.I. (M) At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 11 - Ashfaq Beek S/o Shri Niyaz Rahamat Aged About 42 Years Working As Head Constable No. 01 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 12 - Rishikesh Sharma S/o Shri Laxminarayan Aged About 31 Years Working As Head Constable No. 02 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 13 - Hema Rai Bandhaw S/o Kanhaiya Lal Aged About 35 Years Working As Head Constable District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 14 - Kishnu Das S/o Shri Ganpat Sahu Aged About 58 Years Working As Head Constable No. 04 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 15 - Rajendra Shriwastav S/o Sitaram Aged About 55 Years Working As Head Constable No. 05 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 16 - Mohan Rao S/o Shri Gouraiya Aged About 37 Years Working As Head Constable No. 06 At P.T.S. Rajnandgaon, District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 17 - Indraman Singh Yadav S/o Shri Bhavsingh Aged About 43 Years Working As Head Constable No. 07 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 18 - Atma Ram Sinha S/o Shri Hiruram Sinha Aged About 53 Years Working As Head Constable No. 10 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 19 - Nilash Wankhady S/o Shri Meghshayam Aged About 40 Years Working As Head Constable No. 11 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 20 - Wahid Quraishi S/o Shri Ishaq Aged About 52 Years Working As Head Constable No. 12 At P.T.S. Rajnandgoan District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 5 21 - Than Singh S/o Shri Parsadi Ram Aged About 58 Years Working As Head Constable No. 13 At P.T.S. Rajnandgoan District Rajnandgoan., District : Rajnandgaon, Chhattisgarh 22 - Gangaprasad Sahu S/o Shri Bakhat Ram Sahu Aged About 53 Years Working As Head Constable No. 14 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 23 - Bharat Patkar S/o Shri Jham Lal Aged About 52 Years Working As Head Constable No. 15 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 24 - Tikam Sharma S/o Shri Jivrakhan Aged About 58 Years Working As Head Constable No. 16 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 25 - Vishnu Singh S/o Shri Kanak Singh Aged About 53 Years Working As Head Constable No. 17 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 26 - Murlidhar S/o Shri Lahar Singh Aged About 58 Years Working As Head Constable No. 18 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 27 - Nirbhay Patel S/o Shri Latel Ram Aged About 58 Years Working As Head Constable No. 22 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 28 - Vyas Ram S/o Shri Firangi Lal Aged About 55 Years Working As Head Constable No. 23 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 29 - Naresh Sahu S/o Shri Latel Ram Aged About 53 Years Working As Head Constable No. 23 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 30 - Lalit Mishra S/o Shri L.N. Mishra Aged About 52 Years Working As Head Constable No. 26 At P.T.S. Rajnandgaon District Rajnandgaon., District : Rajnandgaon, Chhattisgarh 31 - Basant Manzi S/o Shri Sardar Singh Aged About 55 Years Head Constable No. 27, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 6 32 - Smt. Savitri Sahu W/o Shri Taran Lal Sahu Aged About 40 Years Head Constable No. 28, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 33 - Rajendra Sharma S/o Shri Lakhan Lal Aged About 52 Years Head Constable No. 29, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 34 - Ghanshyam Singh S/o Shri Mahesh Singh Aged About 46 Years Head Constable No. 30, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 35 - Virendra Singh S/o Shri Rampal Singh Aged About 55 Years Head Constable No. 31, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 36 - Bharat Sinha S/o Shri L.R. Sinha Aged About 53 Years Head Constable No. 32, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 37 - Thanu Ram Uikey S/o Shri Ramahin Uikey Aged About 51 Years Head Constable No. 23, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 38 - Bharat Chauhan S/o Shri Dhayan Singh Aged About 59 Years Head Constable (Trade) No. 98, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 39 - Ramesh Jatav S/o Shri P.L. Jatav Aged About 51 Years Head Constable (Trade) No. 99, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 40 - Vijay Chandravanshi S/o Shri Salik Ram Aged About 42 Years Head Constable (Trade) No. 112, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 41 - Purshottam Mali S/o Shri Bhaiyaram Aged About 50 Years Head Constable (Trade) No. 118, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 42 - Raja Ram Nirmalkar S/o Late Jhadu Ram Aged About 59 Years Head Constable No. 121, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 7 43 - Shobhit Ram S/o Late Mansingh Aged About 59 Years Head Constable (Trade) No. 133, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 44 - Pushpraj Ojha S/o Shri R.P. Ojha Aged About 37 Years Constable No. 35, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 45 - Anil Hariharno S/o Shri N.P. Hariharno Aged About 48 Years Constable No. 35, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 46 - Abdul Salim S/o Shri Abdul Raufe Aged About 48 Years Constable No. 37, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 47 - Anand Ram Sahu S/o Shri P.L. Sahu Aged About 48 Years Constable No. 39, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 48 - Fekan Pasvan S/o Shri S. Pasvan Aged About 28 Years Constable No. 40, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 49 - Dipak Netam S/o Shri Leeladhar Aged About 32 Years Constable No. 42, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 50 - Vikas Ram Baghel S/o Shri Doojram Baghel Aged About 32 Years Constable No. 44, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 51 - Bhanu Prasad Choubey S/o Shri B.L. Choubey Aged About 43 Years Constable No. 45, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 52 - Bhojram Mandloi S/o Shri Rohidas Mandloi Aged About 42 Years Constable No. 46, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 53 - Puneet Ram Netam S/o Shri Jeevan Lal Aged About 43 Years Constable No. 48, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 8 54 - Chatur Singh S/o Shri Jivrakhan Singh Aged About 40 Years Constable No. 49, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 55 - Ashok Verma S/o Shri Bharta Verma Aged About 35 Years Constable No. 50, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 56 - Tameshwar Kumar S/o Shri Vibhisan Ram Aged About 33 Years Constable No. 52, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 57 - Geet Ram Thakur S/o Shri C.Singh Aged About 55 Years Constable No. 53, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 58 - Ranjeet Dvivedi S/o Shri Rajkumar Dvivedi Aged About 35 Years Constable No. 54, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 59 - Vijay Rajput S/o Shri S. Rajput Aged About 52 Years Constable No. 56, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 60 - Emal Kishor S/o Shri Kirat Ram Aged About 53 Years Constable No. 57, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 61 - Smt. Shama Nashreen W/o Shri Sajid Khan Aged About 57 Years Ladies Constable No. 59, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 62 - Kamal Uikey S/o Shri Ramprasad Uikey Aged About 53 Years Constable No. 60, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 63 - Leeladhar S/o Shri Amar Singh Aged About 32 Years Constable No. 62, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 64 - Yogeshwar Sahu S/o Shri Hori Lal Aged About 45 Years Constable No. 63, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 9 65 - Gopal Dewangan S/o Shri Itwari Dewangan Aged About 42 Years Constable No. 64, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 66 - Narad Singh S/o Shri Mehttar Singh Aged About 56 Years Constable No. 65, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 67 - Santosh Chandrawanshi S/o Shri S. Chandrawanshi Aged About 38 Years Constable No. 66, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 68 - Mahesh Kumar S/o Shri Syam Lal Aged About 48 Years Constable No. 67, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 69 - Dipak Sahu S/o Shri Yasvant Sahu Aged About 38 Years Constable No. 68, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 70 - Purshottam Choure S/o Shri Lakhan Lal Aged About 40 Years Constable No. 70, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 71 - Shakti Kumar Sonkar S/o Shri Ghanaram Aged About 38 Years Constable No. 72, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 72 - Pawan Kumar S/o Shri Kirtan Aged About 28 Years Constable No. 73, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 73 - Kuleshwar Sahu S/o Shri Sevak Ram Aged About 35 Years Constable No. 74, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 74 - Komal Markande S/o Shri Budharu Ram Aged About 42 Years Constable No. 75, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 75 - Santosh Kushwaha S/o Shri Nivas Kushwaha Aged About 40 Years Constable No. 77, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 10 76 - Smt. Pranti Yadav W/o Shri Indal Say Aged About 30 Years Ladies Constable No. 78, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 77 - Dikesh Sinha S/o Shri Madhav Ram Aged About 28 Years Constable No. 79, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 78 - Anish Quaraishi S/o Shri Moh. Husain Aged About 35 Years Constable No. 81, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 79 - Smt. Basanti Bariha W/o Shri G.C. Bariha Aged About 44 Years Ladies Constable No. 83, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 80 - Prakash Diwan S/o Shri Somnath Diwan Aged About 28 Years Constable No. 84, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 81 - Atikurrehman Quraishi S/o Shri Moh. Salim Aged About 35 Years Constable No. 85, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 82 - Naresh Jangde S/o Shri Mithai Lal Aged About 27 Years Constable No. 86, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 83 - Laxman Yadav S/o Shri B.S. Yadav Aged About 52 Years Constable No. 97, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 84 - Tularam Soni S/o Shri Mohan Lal Aged About 35 Years Constable No. 102, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 85 - Sunil Yadav S/o Shri Motilal Aged About 33 Years Constable No. 105, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 86 - Manoj Kumar Bhoir S/o Shri Gariba Ram Bhoir Aged About 40 Years Constable No. 215, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 11 87 - Chandrakant Verma S/o Shri K.R. Verma Aged About 53 Years Constable No. 1072, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 88 - Nomendra Bharadwaj S/o Shri Liladhar Bharadwaj Aged About 38 Years Constable (Trade) No. 95, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 89 - Shuresh Sen S/o Shri Arjun Sen Aged About 43 Years Constable (Trade) No. 96, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 90 - Bheekhan Lal S/o Shri Ramdhin Aged About 42 Years Constable (Trade) No. 101, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 91 - Chinta Ram S/o Shri Ganesh Ram Aged About 53 Years Constable (Trade) No. 103, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 92 - Chagan Lal S/o Shri Bisnath Sen Aged About 48 Years Constable (Trade) No. 104, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 93 - Dinesh Kumar S/o Shri Tamradhwaj Aged About 36 Years Constable (Trade) No. 108, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 94 - Adhir Hathel S/o Shri Chandrabhan Aged About 32 Years Constable (Trade) No. 110, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 95 - Indrasingh S/o Shri Jivrakhan Singh Aged About 52 Years Constable (Trade) No. 111, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 96 - Raj Kumar Dvivedi S/o Shri Rajbali Aged About 56 Years Constable (Trade) No. 124, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 97 - Rajkumar Chaturvedi S/o Shri P. Chaturvedi Aged About 48 Years Constable (Trade) No. 125, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 12 98 - Santosh Pathak S/o Shri B. Prasad Aged About 59 Years Constable (Trade) No. 129, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 99 - Shankar Lal Sahu S/o Shri Ramdhin Aged About 48 Years Constable (Trade) No. 131, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 100 - Shankar Lal Yadav S/o Shri Mansukh Lal Aged About 60 Years Constable (Trade) No. 132, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 101 - Vinay Kumar S/o Shri S. Kumar Aged About 48 Years Constable (Trade) No. 136, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 102 - Ramsevak Jha S/o Shri S.R. Jha Aged About 60 Years Hospital Staff, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 103 - Brijnandan Patel S/o Shri R.B. Patel Aged About 58 Years Hospital Staff, Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 104 - Vikash Chauhan S/o Shri Virendra Chauhan Aged About 34 Years Constable No. 235, Working As P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 105 - Prem Chand Pandey S/o Shri Ramji Pandey Aged About 33 Years Constable No. 71, Working As P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 106 - Ramkishor Prajapati S/o Shri Chet Ram Aged About 56 Years Constable (Trade) No. 128, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 107 - Manoj Sen S/o Shri Maniram Aged About 36 Years Constable No. 38, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 108 - Sunil Mehra S/o Shri Syamlal Aged About 35 Years Constable No. 80, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 13 109 - Rikhi Ram Aadil S/o Shri Chanduram Aged About 47 Years Constable (Trade) No. 127, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 110 - Rajkumar Markam S/o Shri Sarda Prasad Aged About 41 Years Constable (Trade) No. 126, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 111 - Girdhar Lal S/o Shri Lekh Ram Aged About 36 Years Constable (Trade) No. 106, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 112 - Trilok Yadav S/o Shri Paras Yadav Aged About 24 Years Constable No. 76, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 113 - Jitendra Kumar S/o Shri Babulal Yadav Aged About 26 Years Constable No. 61, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 114 - Manav Sonkar S/o Shri G.R. Sonkar Aged About 42 Years Head Constable No. 43, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 115 - Mahendra Sahu S/o Shri Ramdayal Sahu Aged About 45 Years Constable No. 41, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 116 - J.L. Dewangan S/o Shri Asha Ram Aged About 58 Years S.I.M., Working At P.T.S. Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 117 - Smt. Sagni Mandavi W/o Shri Rajjmal Aged About 43 Years L.C. (M), Working At P.T.S. Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 118 - Dipak Pathak S/o Shri N.N. Pathak Aged About 42 Years Head Constable No. 20, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 119 - B.R. Dhurw S/o Shri S.R. Dhurw Aged About 48 Years Head Constable No. 47, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 14 120 - Dukhit Ram Netam S/o Shri Rambhagat Netam Aged About 54 Years (Trade) Head Constable No. 47, Working At P.T.S. Rajnandgoan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Atal Nagar Mahanadi Bhawan, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner(s) 2 - Director General Of Police Police Headquarter, Atal Nagar, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Superintendent Of Police, Police Training School, Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Respondent(s) with WPS No. 6333 of 2018 Ubhay Ram Sahu S/o Late Baldu Ram Sahu Aged About 58 Years Constable (G.D.), Working At Police Training School (P.T.S.), Rajnandgaon, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Atal Nagar Mahanadi Bhawan, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner 2 - Director General Of Police Police Headquater, Atal Nagar, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Suprintendent Of Police Police Training School, Rajnandgaon, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Respondent(s) with WPS No. 8325 of 2018 Smt. Swati Mishra W/o Shri Sanjeev Mishra Aged About 42 Years Inspector Working At P. T. S. Rajnandgaon, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Atal Nagar Mahanadi Bhawan, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioner 15 2 - Director General Of Police Police Headquarter Atal Nagar, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Superintendent Of Police Police Training School Rajnandgaon, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Respondent(s) For Petitioner(s) For State : : Mr. Vikas Dubey, Advocate. Mr. Pramod Srivastava, Dy. Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/07/2025 1. The petitioners have filed these petitions challenging the order dated 07.09.2018, whereby the benefit of Naxal allowance, which was extended to the petitioners, has been withdrawn by respondent No.3/Superintendent of Police, Police Training School, Rajnandgaon. 2. Mr. Dubey, the learned counsel for the petitioners, submits that the petitioners were posted at the Police Training School, Rajnandgaon, and in accordance with the circular dated 17.07.2009 issued by the State Government, they were extended the benefit of Naxal allowance. The said allowance was granted to the petitioners from 02.04.2013 and continued till the issuance of the order dated 07.09.2018 (Annexure P/1). 3. Learned counsel further submits that there was no misrepresentation or fraud on the part of the petitioners; they are Class-III employees (Constables), and the allowance was extended to them by the 16 department itself; thus, he would submit that the cases are squarely covered by the law laid down by the Hon’ble Supreme Court in the case of State of Punjab & Ors. vs. Rafiq Masih (White Washer), (2015) 4 SCC 334, wherein it has been held that the recovery made from Class-III and Class-IV employees after a long period of time is impermissible. 4. On the other hand, learned State counsel opposes the submissions made by counsel for the petitioners. It is submitted that the petitioners, being posted in the Police Training School, were not entitled to the Naxal allowance, and for that reason, the benefit was withdrawn by respondent No.3. It is argued that the petitioners were never eligible under the policy for Naxal Allowance and they had submitted their undertakings, while accepting the Naxal Allowance, thus, the instant writ petitions deserve to be dismissed. 5. Heard learned counsel for the parties and perused the documents placed in the file. 6. It is not in dispute that the petitioners are Class-III employees working in the post of Constables. They were granted the benefit of Naxal allowance in accordance with the circular dated 17.07.2009, and such a benefit continued for more than five years from 02.04.2013 till the issuance of the withdrawal order dated 07.09.2018. 17 7. The Hon’ble Supreme Court in the case of Rafiq Masih (supra) has summarized the permissible exceptions to recovery in paragraph 18, and has clearly held that recovery in the following cases would be impermissible in law:- “18. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law: (i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service). (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery. (iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued. (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post. (v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.” 8. A perusal of the documents available on the record, including the return submitted by the State, would show that there was no 18 misrepresentation or fraud on the part of the petitioners in the grant of allowance. The orders of recovery from class-III government servants after a period of more than five years cannot be sustained in view of the judgment rendered by the Hon’ble Supreme Court in Rafiq Masih (supra). 9. With regard to the undertakings said to have been submitted by the petitioners, there is no provision of undertaking either in the circular issued by the respondents or in the CG, Revision of Pay Rules, 2009 or 2017; therefore, the undertakings submitted by the petitioners would not be binding on them. 10. Accordingly, the impugned order dated 07.09.2018 is hereby quashed. The writ petitions are allowed. Recovery, if any, made from the petitioners shall be refunded forthwith. Sd/- Rakesh Mohan Pandey JUDGE Nadim

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