ORDER : 1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs: “(i) That, this Hon’ble Court may kindly be pleased to direct the respondents to consider the case of petitioner with respect to making an arrangement for the main examination and by giving a liberty and permission by the department to appear in the main examination, in case he is selected, he be made the Head Constable and direct him to get the benefits of the salary and other benefits right from 04.03.2016 on the day when other constable were given the benefits. (ii) That, the respondents be directed to promote the petitioner from the time and from the day, when the other constables of his rank were promoted to the post of Head Constable, so that there should not be any discrimination between the petitioner and other persons, those who has been promoted right from 06.03.2017 and until the petitioner is not given the benefit of promotion, other constable who have been shown in the waiting list along with the petitioner be also not granted the benefit of promotion. (iii) That, the Hon’ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.” 2. Brief facts of the case as projected by the petitioner are that, the petitioner was appointed as a constable on 07.09.2005 and he was appointed as Constable in 4th Battalion Chhattisgarh Arms Force Mana and thereafter in the District Force, in the recruitment process, the petitioner got departmental permission on 30.03.2010 and therefore after the permission was granted, he was free for 4th Battalion, Chhattisgarh Arms Force Mana and was inducted in to District Force on 13.12.2010 and thereafter the petitioner gave the Amad in District Force Raipur in accordance with the procedure of police regulation, thereafter he was transferred to District Gariyaband for the purposes of regular duties. 3. 3. The petitioner files the copy of wireless message dated 17.02.2016, in which the petitioner has been assembled in the departmental examination for promotion to the head constable and in accordance with the application invited from the petitioner and other constables for departmental examination, in view of the departmental order passed by the police head quarter dated 12.01.2016 and from the office of the respondent No. 3 dated 18.01.2016, the petitioner, thereafter appeared in the departmental examination, where his physical test and drill test were taken and the petitioner having passed those examinations and the petitioner files the copy of preliminary examination in Roll No. 114 in S. No. 14, the petitioner declared pass in the examination in badge No. 423 and passed in the police regulations and rules and orders and the result was declared by the respondent No. 4. 4. The petitioner who filed an application under Right to Information Act from the information officer i.e. respondent No. 4 and the reply of the Establishment Branch of respondent No. 4, dated 06.03.2017 was sent to him. Since some constables, who have been promoted, were juniors to the petitioner according to the appointment order mentioned therein and because of this reason that the petitioner was permitted to appear departmentally in the preliminary examination, but where the petitioner after the examination was declared successful, he was not permitted to appear in the main examination and because of this reason that when the petitioner was appointed initially according to the record, on 07.09.2005 in the 4th Battalion of C.G. Arms Force Raipur and thereafter after the departmental permission, the petitioner was brought in the District Force and was free from 4th Battalion by order dated 04.12.2010 and the petitioner gave his appearance on 13.12.2010, but the petitioner has not been permitted to the main examination, though the petitioner has been accepted by the memo dated 03.11.2015 of S.P. Gariyaband, but because of this reason that the petitioner has been illegally disqualified to appear in the main examination, hence this petition. 5. 5. Learned counsel for the petitioner submits that since at the filing of the application filed by the petitioner to appear in the departmental promotion, he was permitted and his application was allowed and his application was found fit according to the memo dated 17.02.2016 (Annexure P/3) and when because of this reason, the petitioner appeared in the preliminary examination which is part of main examination and the petitioner was declared pass as per result declared by the respondent No. 4 (Annexure P/2), therefore, the action of respondents to not allow the petitioner to appear in the main examination is illegal, arbitrary and bad in law. The petitioner was reserving all the qualifications and complied all the eligibility as required. The action on the part of respondents for not allowing the petitioner to participate in the mains examination is illegal and against the principle of law, therefore, the respondents may be directed to allow the petitioner to participate in the main examination and if the vacant post of Head constable has been filled-up, then the petitioner’s case may be sent to the waiting list and the respondents may also be directed to promote the petitioner from the time and from the day, when the other constables had been promoted to the post of Head Constable, so that there should not be any discrimination between the petitioner and other persons, those who have been promoted right from 06.03.2017. 6. Learned counsel appearing for the respondents strongly opposed the prayer of the petitioner and submits that the petitioner was initially appointed on the post of Constable on 07.09.2005 in 4th Battalion, CAF, Raipur, from where after due departmental permission, he was brought into the District Force where he joined the District Force on 13.12.2010. An advertisement was published by the Police Headquarters, Chhattisgarh, Raipur for fulfilling the post of Constable (GD) of District Force for the districts where the vacancies were there and one of the district was the District Gariyaband also. 7. An advertisement was published by the Police Headquarters, Chhattisgarh, Raipur for fulfilling the post of Constable (GD) of District Force for the districts where the vacancies were there and one of the district was the District Gariyaband also. 7. The petitioner was desirous for recruitment in District Force and therefore, he applied for the said post after obtaining the departmental permission which was accorded to the petitioner on 30.03.2010 and after selection of the petitioner on the post of Constable (GD), the petitioner was relieved by his earlier employer i.e. 4th Battalion, CAF, Mana, Raipur vide order dated 04.12.2010 for the District Force and on 13.12.2010 the petitioner has joined the District Force, Raipur and after formation of the District Gariyaband, the petitioner has been sent to District Gariyaband. The petitioner moved an application for counting and adding his past services rendered in CAF, in the present services of District Force and in the light of the provisions contained in the circular dated 20.09.2006 issued by the Department of Finance and Planning, Chhattisgarh, Raipur, the past services of the petitioner have been allowed and added and accordingly the entire services benefits, which were provided to the petitioner in the services of the CAF have been provided to the petitioner by the order dated 03.11.2015. In the Police Department, for regulating the promotion from the post of Constable to the post of Head Constable, the SOP No. 23/2002 dated 23.10.2002 (Annexure R/1) has been framed by the department. As per this SOP, the requisite criteria has been fixed for promotion that the incumbent/Constable ought to have possessed 8 years of services satisfactorily in general area and 6 years of services satisfactorily in notified area. A proceeding for promotion have been initiated by the Inspector General of Police, Raipur Range and accordingly the requisition about vacancy in the districts, which falls under Raipur Range has been made to the concerned District Superintendent of Police by the letter dated 15.01.2016, which were supplied by the concerned District Superintendent of Police to the I.G. Raipur Range, Raipur. 8. After receipt of the same, vide letter dated 01.01.2016, a direction for convening the preliminary examination for promotion from the post of Constable to the post of Head Constable in accordance with the SOP no. 8. After receipt of the same, vide letter dated 01.01.2016, a direction for convening the preliminary examination for promotion from the post of Constable to the post of Head Constable in accordance with the SOP no. 23/2002 has been issued by the I.G. Raipur Range and in response to which, applications have been invited by the Superintendent of Police, Gariyaband from all the interested applicants working in different police stations and chowkies etc. (Annexure R/2). In response to Annexure R/2, the interested applicants including the petitioner moved their applications for appearing in the preliminary examination, which was held on 19.02.2016 and in the preliminary examination, the petitioner cleared the said preliminary examination. In district level, only the preliminary examination is being conducted. As per the SOP no. 23/2002 clause no. 3(8), a three member committee has been constituted by the order dated 05.02.2016 for scrutiny of the records of candidates, who cleared the preliminary examination, physical verification, drill test etc. During the scrutiny, the committee has found the petitioner ineligible/unfit for next stage of recruitment/promotion, because the petitioner does not possess the required qualifying services/seniority of the post of Constable as on 31.12.2015 as for promotion on the post of Head Constable, the constable ought to have the qualifying services of 8 years in general area and 6 years in notified area and since the petitioner is posted at notified area and therefore, as on 31.12.2015, the petitioner was required to have 6 years of satisfactory services. 9. The past services of the petitioner, which he rendered in CAF cannot be allowed or considered for promotion/time pay scale in the light of the clause 4 of the circular dated 10.08.2009 (Annexure R/3). As anybody, who appears in direct open examination conducted for selection of direct recruitment, does so on his own risk of leaving his previous service and starting afresh on the post for which he had appeared in the selection process. Rule does not provide for continuation of the past services, if a candidate is working on the post and after appearing in the selection process for direct recruitment has been selected for the similar and higher post. Rule does not provide for continuation of the past services, if a candidate is working on the post and after appearing in the selection process for direct recruitment has been selected for the similar and higher post. Once the petitioner was selected on the post of Constable (GD) in District Force by way of the direct open recruitment process and he joined on the said post on probation, he vacated post of Constable, which he was occupying earlier in CAF as one cannot hold two posts at one time. In all aspects, the appointment is fresh one and the previous appointment on the post of Constable in CAF will be deemed to be vacated and resigned after the petitioner left that post for next higher post or similar post for the reason of want of permission and NOC from the concerned Department. 10. In the light of the circular dated 10/08/2009, the past services of the petitioner have not been considered for promotion and since as on 31/12/2015, the petitioner did not fulfill the qualifying services of 6 years, therefore, the petitioner has not been allowed to appear in the main examination and hence, the action of the answering respondents is just, proper and legal, which does not suffer from any illegality or infirmity. Therefore, this petition is without any merit and liable to be dismissed. 11. In his rejoinder the petitioner submits that he was initially appointed on 07.09.2005 in 4th Battalion and as such the petitioner was eligible for being admitted for mains examination and the other constables who have been promoted to the post of Head Constable were junior to the petitioner. The petitioner was initially appointed on 07.09.2005 and on the basis of permission obtained, the petitioner was appointed on 13.12.2010 in District Force, therefore the conception of the respondent State is wrong, because the respondent is not counting the past service of petitioner for the purpose of qualifying for the petitioner to appear in the mains examination. 12. I have heard the contentions put forth by learned counsel for the parties and perused the material available on the record. 13. It is an admitted position in this case that the petitioner was originally appointed on 07.09.2005 in 4th Battalion, CAF, Raipur and after due departmental permission he joined the District Force on 13.12.2010. 12. I have heard the contentions put forth by learned counsel for the parties and perused the material available on the record. 13. It is an admitted position in this case that the petitioner was originally appointed on 07.09.2005 in 4th Battalion, CAF, Raipur and after due departmental permission he joined the District Force on 13.12.2010. It is also an admitted fact that the petitioner was appeared in preliminary examination and he cleared preliminary examination for promotion. 14. The respondents submit that as per circular, his past services have not been considered for promotion. Clause (4) of circular dated 10.08.2009 (Annexure R/3) reads as under: 15. As per circular, dated 21.01.2016 (Annexure R/2), essential qualification for promotion to the post of Head Constable, Category ‘A’ is as under: 16. It is clear from Annexure R/2, the petitioner did not fulfill the qualifying service of 6 years and it is also clear from Annexure R/3 that past services of the petitioner cannot be allowed or considered for promotion/time pay scale in the light of class (4), therefore, it is not a case of the petitioner that the petitioner has been sent by the department. The petitioner himself joined the District Force and he appointed in District Force. It is also clear from Annexure P/1 that past services of the petitioner was counted as per Rule, which is clear from Annexure P/1. Relevant part of the same reads as under: 17. It is clear from class (4) of circular (Annexure R/3) that this services cannot be counted or considered for time pay scale. In the light of the above circulars, the present petition is without any merit and liable to be and is hereby dismissed.