PRAVEEN KUMAR PURSETH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioners are Platoon Commanders (for short "PC") in the Chhattisgarh Armed Force (for short "the CAF") posted at Counter Terrorism and Jungle Warfare College, Kanker (for short "CTJW"). The petitioners were denied promotion to the post of Company Commanders (for short "CC") on the ground that they do not possess 2 years experience at any CAF Active company, as they have not done regional duty (active duty).

(2.) THE facts, in brief, as stated by the petitioners, are that the petitioners were initially appointed as PCs on 7th April, 2004. The first petitioner was posted at 9th Battalion CAF, Dantewada and the second & third petitioners were posted 10th Battalion Silfilli, Sarguja. Thereafter, they were posted at CTJW, Kanker, by order dated 13th July, 2005. There were no adverse remarks against the petitioners. In the gradation list as on 1st April, 2011 names of the petitioners appeared at S.Nos. 9, 11 and 16, respectively (Annexure - P/3).

(3.) SECTION 2(A) of the SAF Act, 1968 defines the regional duty (active duty), which means the duty to maintain peace or to prevent any activity, which disturbs the peace, to locate anti-social elements, who are dangerous in the society and arrest them. It further provides to take steps in prevention of fire, floods, earthquakes and attacks from enemies and other duties, as directed by the Inspector General of Police or other officers under Section 12 of the SAF Act, 1968. Thus, the duty of the petitioners in CTJW, Kanker, to train the police officers for the purpose of preventing naxalite attacks and taking steps against the naxalite, comes within the definition of active duty in the field.