Years, R/o Nale Ke Pass, Indra Nagar Colony, Hira Dash v. State Of Rajasthan, Through Additional Chief Secretary

Judgment

14. [2025:RJ-JP:21168] (2 of 9) [CW-7736/2025]

Ranveer Singh S/o Shri Pilloo Singh, Aged About 50 Years, R/o Nale Ke Pass, Indra Nagar Colony, Hira Dash, Bharatpur, Rajasthan. Constable Driver Belt No. 5920.

8. Versus ----Petitioners State Of Rajasthan, Through Additional Chief Secretary, Home Department, Rajasthan, Government Secretariat, Jaipur (Raj.). Government Of The Director General Of Police, Police Headquarters, Rajasthan, Jaipur. The Superintendent Of Police (Telecommunication), Police Head Quarter, Lal Kothi, Tonk Road, Jaipur (Raj.). The Deputy Commissioner Of Police, Commissionerate, Jaipur. The Financial Advisor, Police Head Quarter, Lal Kothi, Tonk Road, Jaipur (Raj.). Connected with S.B. Civil Writ Petition No. 7749/2025 ----Respondents Rameshwar Lal Vishnoi, S/o Shri Surjan Ram, Aged About 50 Years, R/o 363 B, Udyog Nagar, Niwaru Road, Jhotwara, Jaipur, Rajasthan. Constable Driver Belt No. 1001. Bhagat Singh, S/o Shri Ramu Singh Puniya, Aged About 49 Years, R/o Gram-Post Seowa, Ward No. 2, Tehsil- Sadhulpur, Sarvodaya School Ke Piche, Rajgarh (Rural), Churu, Rajasthan. Constable Driver Belt No. 998. Basti Ram Bishnoi, S/o Shri Dhana Ram, Aged About 46 Years, R/o Lig Flat L-458, Napasar Road, Sawarn Jayanti, Nagar Vistar Yojna, Bikaner, Rajasthan. Constable Driver Belt No. 527. Sarwan Singh, S/o Bahadur Singh, Aged About 48 Years, R/o Ward No. 10, Jarwa (4), Mahendragarh, Haryana. Constable Driver Belt No 994. Harish Chandra Bishnoi, S/o Shri Rati Ram Bishnoi, Aged About 47 Years, R/o Nagaur, Alai, Nagaur, Rajasthan. Constable Driver Belt No 662. Narendra Singh S/o Shri Girdhari Singh, Aged About 48 Years, R/o House No. 82, Police Wairies Line Ghatgate, Jaipur, Rajasthan. Constable Driver Belt No 993. Ram Kunwar Swami, S/o Shri Hukma Das, Aged About 45 Years, R/o Ward No.11, Dhani Chirali, Barijori, Jaipur, Rajasthan. Constable Driver Belt No 591. Shekhar Thapa, S/o Shri Mohan Singh, Aged About 50 Years, R/o 108, Hudko Colony, New Anaj Mandi, Surajpol, Jaipur, Rajasthan. Constable Driver Belt No 1008. [2025:RJ-JP:21168] (3 of 9) [CW-7736/2025]

12. Mukesh Kumar, S/o Shri Jagdish Prasad, Aged About 45 Years, R/o Ward No. 01, Kaseru, Jhunjhunu, Rajasthan. Constable Driver Belt No 5718. Suresh Kumar, S/o Shri Harnand Ram, Aged About 49 Years, R/o Via Nuan, Aguna Bass, Bhojasar, Jhunjhunu, Rajasthan. Constable Driver Belt No 995. Banwari Lal, S/o Shri Lichhman Ram, Aged About 46 Years, R/o Via Khuri Bari, Tehsil Laxmangarh, Ward No. 6, Jasrasar, Sikar, Rajasthan. Constable Driver Belt No 1002. Rajaram Bishnoi, S/o Shri Rati Ram, Aged About 51 Years, R/o 151, H-Block, 5, R.a.c. Lane, Ghatgate, Jaipur, Rajasthan. Constable Driver Belt No. 5907.

13. Guman Singh, S/o Shri Manik Chand, Aged About 50 Years, R/o Alipur, Bharatpur, Rajasthan. Constable Driver Belt No. 792.

14. Govind Singh, S/o Shri Bhajan Singh, Aged About 50 Years, R/o Dhanota, Bharatpur, Rajasthan. Constable Driver Belt No. 803.

15. Rajveer Singh S/o Shri Kartar Singh, Aged About 50 Years, R/o Anipur, P.o. Kasoda, Bharatpur, Rajasthan. Constable Driver Belt No. 709.

16. Manoj Kumar, S/o Shri Hariram, Aged About 47 Years, R/o 42, Bhagwan Nagar Vistar, Nindar, Tehsil Amer, Harmada, Jaipur, Rajasthan. Constable Driver Belt No. 1001.

22. Baldev Singh S/o Shri Phool Chand Jhakad, Aged About 49 Years, R/o A-13, Kanaram Nagar, Machada, Jaipur, Rajasthan. Constable Driver Belt No. 5817. Prem Singh, S/o Kamal Singh, Aged About 48 Years, R/o Khangari, Tehsil Nadbai, Khangari, Bharatpur, Rajasthan. Constable Driver Belt No. 793. Subh Chandar, S/o Shri Chetram, Aged About 52 Years, R/o Gandhinagar, Rawatsar, Hanumangarh, Rajasthan. Constable Driver Belt No. 5631. Gandheli, Post Krishan Lal, S/o Shri Purkha Ram, Aged About 52 Years, R/o 50A, Giriraj Vihar, Ward No. 12, 200 Feet Bye Road, Near Malviya Memorial School, Ajmer Road, Jaipur, Rajasthan. Constable Driver Belt No. 5871. Rajesh Kumar, S/o Shri Bajrang Lal, Aged About 50 Years, R/o Plot No. 47, Roop Sagar Colony, Sirsi Road, Meenawala, Panchyawala, Jaipur, Rajasthan. Head Constable Driver Belt No. 269. Ramesh Chand, S/o Shri Mahanand Yadav, Aged About 49 Years, R/o 29, Jagdamba Colony, Jaipur, Rajastha. Constable Driver Belt No. 5875.

23. Sumer Singh Sunda S/o Shri Ranjeeta Ram Sunda, Aged [2025:RJ-JP:21168] (4 of 9) [CW-7736/2025] About 49 Years, R/o B-33, Amar Nagar, Khirni Phatak, Khatipura, Jaipur, Rajasthan. Constable Driver Belt No. 5971.

24. Satyendra Kumar S/o Shri Hariram, Aged About 51 Years, R/o Village Nangal Udiya, Tehsil Munadawar, Khairtal, Tijara, Rajasthan. Constable Driver Belt No. 1085. Versus ----Petitioners State Of Rajasthan, Through Additional Chief Secretary, Home Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.). Director General Of Police, Police Headquarters, Rajasthan, Jaipur. Additional Director General Of Police (Crime), Police Headquarters, Rajasthan, Jaipur. Commissioner Of Police, Commissionerate, Jaipur. Deputy Commissioner Of Police (Headquarter), Commissionerate, Jaipur, Rajasthan. Superintendent Of Police, Administration And Prc, Cid (Cb), Police Headquarters, Rajasthan, Jaipur. Commandant, 4Th Battalion Rac, Chainpura, Jaipur, Rajasthan. Commandant 5Th Battalion Rac, Ghatgate, Jaipur, Rajasthan. Commandant 7Th Battalion Rac, Bharatpur, Rajasthan. Superintendent Of Police, Kotputli, Behror, Rajasthan. Financial Advisor, Police Head Quarter, Lal Kothi, Tonk Road, Jaipur (Raj.). S.B. Civil Writ Petition No. 7872/2025 ----Respondents Virendra Singh S/o Shri Buddha Singh, Aged About 50 Years, R/o Burakhur, District Bharatpur, Rajasthan. Constable Driver Belt No. 47. Sukhveer Singh, S/o Shri Ramroop, Aged About 49 Years, R/o Nagla Dharsoni, District Bharatpur, Rajasthan. Constable Driver Belt No. 910. Sukhveer Singh, S/o Shri Lakhan Singh, Aged About 48 Years, R/o Santruk, District Deeg, Rajasthan. Constable Driver Belt No. 578. Kashiram, S/o Shri Ramroop, Aged About 51 Years, R/o Nagla Dharsoni, District Bharatpur, Rajasthan. Constable Driver Belt No. 70. Omveer Singh S/o Shri Mahendra Singh, Aged About 48 Years, R/o Chittokari, District Bharatpur, Rajasthan.

5. [2025:RJ-JP:21168] (5 of 9) [CW-7736/2025]

9. Constable Driver Belt No. 102. Omveer Jatav S/o Shri Shivram Jatav, Aged About 48 Years, R/o Sitaram Ka Pura, Kunkuta, District Dholpur, Rajasthan. Constable Driver Belt No. 472. Dharmendra Singh, S/o Shri Surjaram Meena, Aged About 47 Years, R/o Naya Gaon, Manfi, District Bharatpur, Rajasthan. Constable Driver Belt No. 116. Bahadur Singh, S/o Shri Ramdayal, Aged About 50 Years, R/o Ronija, District Bharatpur, Rajasthan. Constable Driver Belt No. 42. Naresh Kumar S/o Shri Kishari Lal, Aged About 48 Years, R/o Shakarpur, Tehsil Roopwas, District Bharatpur, Rajasthan. Constable Driver Belt No. 682.

10. Devendra Singh S/o Shri Gangaram, Aged About 48 Years, R/o Khansurjapur, District Bharatpur, Rajasthan, Constable Driver Belt No. 1386.

12. Sanjeev Kumar S/o Shri Shivcharan, Aged About 48 Years, R/o Kasba Gopalgarh, District Bharatpur, Rajasthan. Constable Driver Belt No. 348. Tajub Ali, S/o Shri Mohammad Rafiq, Aged About 49 Years, R/o Puraila, District Pratapgarh, Uttar Pradesh. Constable Driver Belt No. 978.

13. Narendra Singh S/o Shri Mohan Singh, Aged About 52 Years, R/o Banji, District Bharatpur, Rajasthan. Constable Driver Belt No. 1909.

15. Sujan Singh S/o Shri Deepchand, Aged About 48 Years, R/o Kalyanpur, District Bharatpur, Rajasthan. Constable Driver Belt No. 108. Jitendra Singh S/o Shri Vijendra Singh, Aged About 49 Years, R/o Kasot, District Deeg, Rajasthan. Constable Driver Belt No. 941.

16. Dalip Singh S/o Shri Mahaveer Singh, Aged About 48 Years, R/o Jiroli, District Bharatpur, Rajasthan. Constable Driver Belt No. 965.

17. Karan Singh S/o Shri Ramnath Singh, Aged About 49 Years, R/o Chak Atka, District Bharatpur, Rajasthan. Constable Driver Belt No. 106.

18. Om Prakash S/o Shri Charan Singh, Aged About 48 Years, R/o Luhasa, District Bharatpur, Rajasthan. Constable Driver Belt No. 975.

20. Ramveer Singh S/o Shri Balveer Singh, Aged About 46 Years, R/o Dharsoni, District Bharatpur, Rajasthan. Constable Driver Belt No. 586. Rampal S/o Shri Kunwar Singh, Aged About 49 Years, R/o Sepau, District Dholpur, Rajasthan. Constable Driver Belt No. 483.

21. Lakhan Singh S/o Shri Mahilal, Aged About 50 Years, [2025:RJ-JP:21168] (6 of 9) [CW-7736/2025]

26. R/o Bachamadi, District Bharatpur, Rajasthan. Constable Driver Belt No. 03. Satyaveer Singh S/o Shri Prahalad Singh Gurjar, Aged About 47 Years, R/o Mudiya, Tehsil Nagar, District Deeg, Rajasthan. Constable Driver Belt No. 314. Indrajeet Singh S/o Shri Ramratan Singh, Aged About 50 Years, R/o Ucchain, District Bharatpur, Rajasthan. Constable Driver Belt No. 241. Vakeel Singh S/o Shri Prem Singh, Aged About 49 Years, R/o Santrook, District Deeg, Rajasthan. Constable Driver Belt No. 11. Subhash Chand S/o Shri Khillan Singh, Aged About 49 Years, R/o Chitkori, District Bharatpur, Rajasthan. Constable Driver Belt No. 264. Chandra Prakash S/o Shri Hetram, Aged About 49 Years, R/o Barkoli, Tehsil Ucchain, Bharatpur, Rajasthan. Constable Driver Belt No. 532.

27. Devi Singh S/o Shri Madan Lal, Aged About 51 Years, R/o Hulyana, Tehsil Kathumar, Alwar, Rajasthan. Constable Driver Belt No. 236.

28. Hira Singh S/o Shri Girraj Singh, Aged About 49 Years, R/o Uwar Sogar, District Deeg, Rajasthan. Constable Driver Belt No. 58.

2. Sunil Dutt Sharma, S/o Shri Pooran Chand, Aged About 49 Years, R/o Nagar, District Deeg, Rajasthan. Constable Driver Fsl Jaipur. Rajesh Kumar Upadhyay, S/o Shri Jagdish Prasad Upadhyay, Aged About 48 Years, R/o Golipura, Marena, District Dholpur, Rajasthan. Constable Driver Belt No. 977. Surendra Singh S/o Shri Devi Singh, Aged About 48 Years, R/o Dubepura, Ghadi Chatola, Tehsil Sepau, District Dholpur, Rajasthan. Constable Driver Belt No. 653. Parmanand S/o Shri Amar Singh, Aged About 52 Years, R/o Kavai, Tehsil Nadbai, District Bharatpur, Rajasthan. Constable Driver Belt No. 62. Shersingh Meena, S/o Shri Ram Singh Meena, Aged About 54 Years, Nagla Khatoti, Tehsil Nadbai, District Bharatpur, Rajasthan. Constable Driver Belt No. 75. Versus ----Petitioners State Of Rajasthan, Through Additional Chief Secretary, Home Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.). Director General Of Police, Police Headquarters, Rajasthan, Jaipur. [2025:RJ-JP:21168] (7 of 9) [CW-7736/2025]

7. Superintendent Of Rajasthan. Police, District Bharatpur, Superintendent Of Police, District Deeg, Rajasthan. Superintendent Of Police, District Dholpur, Rajasthan. Commandant, State Disaster Response Force Battalion, Headquarter, Gadota, Jaipur, Rajasthan. Financial Advisor, Police Head Quarter, Lal Kothi, Tonk Road, Jaipur (Raj.). ----Respondents For Petitioner(s) : Mr. Udit Sharma For Respondent(s) : Mr. Bhuwnesh Sharma, AAG Ms. Devakriti Vashishtha HON'BLE MR. JUSTICE SUDESH BANSAL Order 20/05/2025

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 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 [2025:RJ-JP:21168] (8 of 9) [CW-7736/2025] 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 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 [2025:RJ-JP:21168] (9 of 9) [CW-7736/2025] 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.”

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 /13, 15, 18 (SUDESH BANSAL),J