Reserve Police Line Jal Mahal, Jaipur Rural v. State Of Rajasthan, Through Its Principal Secretary To

Judgment

3. State Of Rajasthan, Through Its Principal Secretary To The Government, Department Of Finance (Rules), Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj.) Secretary (Home), Ministry Of Home Affairs, Government Of Rajasthan, Govt. Secretariat, Jaipur. Director General Of Police, Rajasthan, Police Head Quarter, Jaipur.

4. Superintendent Of Police, Jaipur Rural (Raj.). Connected with S.B. Civil Writ Petition No. 5578/2025 ----Respondents

Ajeet Singh Son Of Shri Bhagwan Singh, Aged About 48 Years, Resident Of Village Prempura, Post Khanbhakri, Tehsil And District Dausa (Raj.). Head Constable Mounted (Horse Rider) No. 02 Present Posting Reserve Police Line Dausa. Shriram Banjara Son Of Shri Kishan Singh, Resident Of Village Bapi, Tehsil And District Dausa (Raj.). Constable Mounted (Horse Rider) No. 257 Present Posting Reserve Police Line Dausa. Versus ----Petitioners State Of Rajasthan, Through Its Principal Secretary To The Government, Department Of Finance (Rules), Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj.) Secretary (Home), Ministry Of Home Affairs, Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj.) Director General Of Police, Rajasthan, Police Head Quarter, Jaipur.

4. Superintendent Of Police, Dausa (Raj.) S.B. Civil Writ Petition No. 5628/2025 ----Respondents

1. Dilip Singh S/o Shri Hari Singh Ranawat, Aged About 48 Years, R/o Meri Khera, Chittorgarh, (Raj), At [2025:RJ-JP:16541] (2 of 5) [CW-5565/2025] Present, Constable Driver No. 1409, Reserve Police Line, Chittorgarh (Raj). Yuvraj Singh S/o Shri Narpat Singh, Aged About 50 Years, R/o Ranawat Mohalla, Narela, Chittorgarh. (Raj) At Present, Constable Driver No. 1458, Reserve Police Line, Chittorgarh (Raj). Suresh Kumar S/o Shri Madan Lal Sharma, Aged About 50 Years, R/o Near Mahadev Temple, Chiksi, Chittorgarh, (Raj), At Present, Constable Driver No. 1427, Reserve Police Line, Chittorgarh (Raj). Mitthu Lal Meghwal S/o Shri Bhagwan Lal, Aged About 48 Years, R/o Umand Tehsil Kapasan, District Chittorgarh, (Raj), At Present, Constable Driver No. 1428, Reserve Police Line, Chittorgarh (Raj). Versus ----Petitioners State Of Rajasthan, Through Its Principal Secretary To The Government, Department Of Finance (Rules), Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj). Secretary (Home), Ministry Of Home Affairs, Government Of Rajasthan, Govt. Secretariat, Jaipur. Director General Of Police, Rajasthan, Police Head Quarter, Jaipur.

4. Superintendent Of Police, Chittorgarh, (Raj.). S.B. Civil Writ Petition No. 5633/2025 ----Respondents

1. Prahlad Bairwa Son Of Shri Chaturbhuj, Aged About 50 Years, Constable Bigular No. 718, Present Posting Reserve Police Line, Bundi. Chhitar Lal Son Of Shri Ram Narayan, Aged About 54 Years, Constable Band No. 357, Present Posting Reserve Police Line, Bundi. Om Prakash Son Of Shri Hajari Lal, Constable Band No. 3375, Present Posting Reserve Police Line, Bundi. Shambhu Dayal Son Of Late Shri Ram Ratan, Constable Band No. 188, Present Posting Reserve Police Line, Bundi. Versus ----Petitioners State Of Rajasthan, Through Its Principal Secretary To The Government, Department Of Finance (Rules), Government Of Rajasthan, Govt. Secretariat, Jaipur. (Raj).

2. Secretary (Home), Ministry Of Home Affairs, [2025:RJ-JP:16541] (3 of 5) [CW-5565/2025] Government Of Rajasthan, Govt. Secretariat, Jaipur.

3. Director General Of Police, Rajasthan, Police Head Quarter, Jaipur.

4. Superintendent Of Police, Bundi (Raj). ----Respondents For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) : Mr. Bhuwnesh Sharma, AAG Mr. Samee Khan HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/04/2025

1. With consent of learned counsel for both the parties, the writ petitions have been heard finally on merits.

2. Petitioners, by means of filing instant writ petitions, have raised a common grievance for not granting the selection scale for the post of Sub-Inspector on completion of 18 years of service from the post of Constable. It has been pointed out that petitioners belong to M.T. Cadre and since promotional post of ASI from Head Constable is not available, petitioners are eligible and entitled to get selection scale on next promotional post i.e. Sub- Inspector.

3. Counsel for the petitioners submits that the issue raised by petitioners in the instant writ petitions has been answered positively, by the Coordinate Bench at Principal Seat, Jodhpur vide Judgment dated 20.12.2023 passed in S.B. Civil Writ Petition No.3873/2019 titled Amar Singh & Ors. Vs. State of Rajasthan & Ors., placing reliance on the judgment rendered by Division Bench in D.B. Special Appeal (Writ) No.763/2011 decided on 02.08.2011 titled State of Rajasthan & Ors. Vs. Banney Khan, and affirmed by the Hon’ble Apex Court in Civil [2025:RJ-JP:16541] (4 of 5) [CW-5565/2025] Appeal No.1766/2015 on 12.05.2015. The relevant paras of the Judgment of Coordinate Bench dated 20.12.2023 reads as under:- “10.This Court further observes that the judgment rendered by a Division Bench of this Hon’ble Court in the case of State of Rajasthan & Ors. V/s Banney Khan (D.B. Civil Special Appeal (W)No. 763/2011) was challenged before the Hon’ble Apex Court in Civil Appeal No.1766/2015 and the same was affirmed by the Hon'ble Apex Court on 12.05.2015.

11.This Court also observes that the petitioners were appointed on the post in question as M.T. Cadre and thereafter, their next promotional post was Head Constable and then Sub-Inspector as per the M.T. Cadre, and therefore it is clear that the petitioners are eligible for pay scale of the next promotional post, but the said benefit was denied by the respondents, which is not justified in law.

12.This Court further observes that the petitioners at the completion of 9 years of regular services, were granted the pay scale of the next promotional post, but thereafter, on completion of 18 years of the services, the respondents did not grant them the benefits of the next promotional post, which impugned action is not sustainable in the eye of law, because the respondents at the first instance i.e. completion of 9 years of services considered the petitioners for next promotional pay scale as per the M.T. Cadre, but at the same time, denied them the same benefit on completion of 18 years of service.

13.This Court also observes that the impugned action of denial of grant of the pay scale of the next promotional post to the petitioners by the respondents and granting the petitioners the pay scale of different Cadre i.e. Assistant Sub inspector is not permissible in the eye of the law.

14.Thus, in light of the above observations and afore-quoted precedent laws as well as looking into the factual matrix of the present case, the present petition is allowed and the impugned order dated 10.12.2018 is quashed and set-aside, while directing the respondents to grant to the petitioners the pay scale benefits of the next promotional post as per the M.T. Cadre i.e Sub-Inspector from the date the petitioners became eligible therefor. All pending applications stand disposed of.” [2025:RJ-JP:16541] (5 of 5) [CW-5565/2025]

4. Learned Additional Advocate General, Mr. Bhuwnesh Sharma, appearing for and on behalf of the State, does not dispute that the issue raised by petitioners in the present writ petitions is covered by the final judgment dated 20.12.2023 passed in Amar Singh (supra).

5. Learned counsel for both the parties admit that the judgment passed in case of Amar Singh (supra) has been implemented, as the State Government did not opt to assail the judgment passed in case of Amar Singh (supra) dated 20.12.2023.

6. In view of above, the instant writ petitions are allowed in terms of judgment dated 20.12.2023 passed in SBCWP No.3873/2019 and petitioners are also entitled to get benefit of selection scale for the post of Sub-Inspector on completion of their 18 years of service on the post of Constable.

7. Stay applications and other pending application(s), if any, stand disposed of. NITIN /12, 13, 16, 17 (SUDESH BANSAL),J