Jhunjhunu Presently Working As Constable Driver Belt v. State Of Rajasthan, Through Secretary

Judgment

4. Premraj S/o Prabhudayal, R/o Neem Ghatha Mohalla, [2025:RJ-JP:21993] (2 of 8) [CW-8056/2025]

9. Deeg, Tehsil Deeg, District Bharatpur, Presently Posted As Head Constable Band Belt No. 195, District Deeg (Raj.). Hardayal S/o Shivram, R/o Village Khatnawali Thana, District Bayana, Bharatpur (Raj.). Presently Posted As Constable Band Belt No. 203, District Bharatpur (Raj.). Vijaypal S/o Nannuram, R/o Village Vijay Nagar, Post Ajhau, Tehsil Kumher, District Bharatpur (Raj.). Presently Posted As Constable Band Belt No. 39, District Bharatpur (Raj.). Manoj Yadav, S/o Babu Lal, R/o Grampalika, Tehsil Nagar, District Bharatpur, Presently Posted As Constable Band Belt No. 65, District Bharatpur (Raj.). Udaisingh S/o Lachchhi Singh, R/o Gundwa, Po Bhandore, District Bharatpur (Raj.), Presently Posted As Constable Band Belt No. 749, District Bharatpur (Raj.). Chandu Lal S/o Kanhaiya Lal, R/o Plot No.260, Jaynti Nagar, 52 Feet Hanumanji Ke Samne, Agra Road, Jaipur (Raj.). Presently Posted As Constable Band Belt No. 5401, District Jaipur Commiserate Jaipur (Raj.).

10. Yogendra Kumar S/o Choturam, R/o Village Kekdi, Thana Kekdi, District Ajmer (Raj.). Presently Posted As Constable Band Belt No. 260, District Ajmer (Raj.). Versus ----Petitioners

6. State Of Rajasthan, Through Its Secretary, Home Department, Government Of Rajasthan, Jaipur. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur. The Financial Advisor, Police Headquarter, Rajasthan, Jaipur. The Superintendent Of Police, Bharatpur. The Superintendent Of Police, Deeg. The Police Commissioner, Commissionerate Jaipur, Mi Road, Sardar Patel Marg, Jaipur District Jaipur.

7. The Superintendent Of Police, Ajmer, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 8090/2025

1. Surendra Kumar S/o Harikant Sharma, Aged About 48 Years, R/o Village Mudia Lalita, Tehsil Weir, Police Station Halena, District Bharatpur (Raj.). Presently Posted As Constable Driver Belt No. 143, District Bharatpur (Raj.). [2025:RJ-JP:21993] (3 of 8) [CW-8056/2025]

Tej Singh S/o Late Shri September Singh, Aged About 48 Years, R/o Village Nagla Gujra, Post Medhakur, District Agra (U.p.) (Raj.). Presently Posted As Constable Driver, Belt No. 312, District Bharatpur (Raj.). Himachal Singh S/o Murari Lal, Aged About 50 Years, R/o Fatehpur, District Bharatpur (Raj.). Presently Posted As Constable Driver Belt No. 454, District Bharatpur (Raj.). Surendra Singh S/o Munshi Lal, Aged About 45 Years, R/o Brehru Kumher, District Deeg (Raj.). Presently Posted As Constable Driver Belt No. 164 District Bharatpur (Raj.). Heera Singh S/o Atar Singh, Aged About 46 Years, R/o 3 Darwar School, Jalupura, Jaipur, Jpsc Jobner (Raj.). Presently Posted As Constable Driver Belt No. 511, District Bharatpur (Raj.). Dilip Singh S/o Vijay Singh, Aged About 51 Years, R/o Nagla Harchal, District Bharatpur (Raj.). Presently Posted As Constable Driver Belt No. 444, District Bharatpur (Raj.). Premprakash Sharma S/o Narendra Dutt Sharma, Aged About 48 Years, R/o Bharatpur Aajau (Pauao), District Deeg. Presently Posted As Constable Driver Belt No. 28 District Bharatpur (Raj.). Ghanshyam Singh S/o Hari Singh, Aged About 46 Years, R/o Panhori Deeg, District Deeg (Raj.). Presently Posted As Constable Driver Belt No. 349, District Bharatpur (Raj.). Gajraj Singh S/o Lekhraj Singh, Aged About 50 Years, R/o Village Suhera, Tehsil Deeg, District Deeg (Raj.). Presently Posted As Constable Driver Belt No. 343, District Bharatpur (Raj.). Surendra Singh S/o Khyaliram, Aged About 50 Years, R/o Girdhapur, Kasoda Bharatpur (Raj.). Presently Posted As Constable Driver Belt No. 350, District Bharatpur (Raj.). Laxman Singh S/o Shivcharan Singh, Aged About 54 Years, R/o Village Daulara, Tehsil Nagar, Thana Sikri, District Deeg (Raj.). Presently Posted As Constable Driver Belt No. 329, District Bharatpur (Raj.).

12. Megh Ram S/o Gangaram, Aged About 41 Years, R/o Korer Bharatpur, Korer (Raj.) Presently Posted As Constable Driver Belt No. 464, District Bharatpur (Raj.).

13. Padam Singh Beniwal S/o Narayan Singh, Aged About 40 Years, R/o Rameri Vpo Kachroli, Tehsil Hindaun Nagar, Karauli (Raj.). Presently Posted As Constable Driver Belt No. 264, District Karauli (Raj.). ----Petitioners [2025:RJ-JP:21993] (4 of 8) [CW-8056/2025]

8. Versus State Of Rajasthan, Through Its Secretary, Home Department, Government Of Rajasthan, Jaipur. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur. The Financial Advisor, Police Headquarter, Rajasthan, Jaipur. The Superintendent Of Police, Bharatpur. The Superintendent Of Police, Karauli. ----Respondents S.B. Civil Writ Petition No. 14941/2018 Shivraj Singh S/o Shri Ranbahadur Singh, Aged About 43 Years, R/o Vill./po. Mandawari, Distt. Bundi, Presently Working As Constable Driver No.788,dy.s.p. Office Bundi. Ganpat Singh S/o Shri Raghunath Singh, Aged About 42 Years, R/o Vill. Ardimal Ji Ka Khera Post Titoda Tah. Jahajpur Distt. Bhilwara, Presently Working As Constable Driver No.827,police Line Bundi Raj. Heera Lal Gurjar S/o Shri Devlal, Aged About 40 Years, R/o Vill. Chak Aanadpura Tah. Duni Distt. Tonk, Presently Working As Constable Driver No. 791,police Station Hindoli Distt. Bundi. Ajay Kumar S/o Shri Gomaram, Aged About 44 Years, R/o Purana Matunda Road Dal Meel Ke Samne Bundi,presently Working As Constable Driver No.789, Traffiq Police Bundi Raj. Ramesh Chand S/o Shri Ganesh Lal Meena, Aged About 48 Years, Th./uniyara Distt. Tonk,presently Working As Head Constable Driver No.543, Police Station Dei Bundi (Raj.). R/o Vill./davri Shrawan Kumar S/o Shri Hanumana Ram, Aged About 47 Years, R/o Vill./post-Dugoli, Via-Tatanwa,distt. Sikar, Presently Working As Constable Driver No. 1007, Reserve Police Line Sikar (Raj.). Suresh Kumar S/o Shri Deep Chand Jat, Aged About 42 Years, R/o Vpo.- Kidhwana, Teh Chirawa Distt. Jhunjhunu Raj., Presently Working As Constable Driver No. 498, Police Station Laxmangarh (Raj.). Hukama Ram S/o Shri Uma Ram, Aged About 41 Years, R/o Vpo- Biraniya, Ps-Sadar Fatehpur Teh. Fatehpur Distt. Sikar, Presently Working As Constable Driver No.1029, Police Line Sikar. ----Petitioners [2025:RJ-JP:21993] (5 of 8) [CW-8056/2025]

6. Versus State Of Rajasthan Through Secretary, (Home) Ministry Of Home Affairs, Government Of Rajasthan, Secretariat, Jaipur. State Of Rajasthan Through Its Principal Secretary To Of The Finance(Rules),government ,govt. Secretariat, Jaipur Raj. Rajasthan Government, Department Of Director General Of Police, Police Head Quarter, Rajasthan, Phq Lalkothi Jaipur, Superintendent Of Police, Bundi Raj. Superintendent Of Police, Sikar Raj. The Financial Advisor, Police Head Quarter, Rajasthan, Jaipur. ----Respondents S.B. Civil Writ Petition No. 14938/2018 Sunil Dutt Sharma S/o Shri Puran Chand Sharma, Aged About 41 Years, R/o Mu.post.nagareswer Nagar, Nagar Teh. Nagar Distt. Bhartpur, Presently Working As Constable Driver F.s.l.police Jaipur. Lalit Kumar Sharma S/o Shri Leela Ram Sharma, Aged About 43 Years, R/o P.no.84-A, Chattershall Nagar Malviya Nagar Jaipur, Presently Working As Constable Driver No.5788,police Station Partap Nagar Jaipur. Versus ----Petitioners State Of Rajasthan Through Secretary (Home), Ministry Of Home Affairs, Government Of Rajasthan, Secretariat, Jaipur State Of Rajasthan Through Its Principal Secretary To The Of Finance(Rules),government ,govt. Secretariat, Jaipur Raj. Rajasthan Government, Department Of Director General Of Police, Police Head Quarter, Rajasthan, Phq Lalkothi Jaipur Director Of Police F.s.l., Panipage R.p.a. Road,nehru Nagar Jaipur. Police Commissionerate, Jaipur. Police Head Quater Jaipur. The Financial Advisor, Police Head Quarter, Rajasthan, Jaipur. ----Respondents [2025:RJ-JP:21993] (6 of 8) [CW-8056/2025] For Petitioner(s) : Mr. MI Abbasi For Respondent(s) Mr. Rishi Kumar Sharma : Mr. Bhuwnesh Sharma, AAG Ms. Devakriti Vashishtha Mr. Vinod Kumar Gupta HON'BLE MR. JUSTICE SUDESH BANSAL Order 26/05/2025

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 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 Driver/Band. It has been pointed out that petitioners belongs 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 the petitioners in the instant writ petition 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:21993] (7 of 8) [CW-8056/2025] 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:21993] (8 of 8) [CW-8056/2025]

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 petition 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 his 18 years of service on the post of Constable.

7. Stay application and other pending application(s), if any, stand disposed of. RONAK JAIMAN/13-15,75&76 (SUDESH BANSAL),J