Karauli. Presently Posted As Constable Driver, Belt No v. State Of Rajasthan, Through Its Principal Secretary To

Gopal Singh Son Of Shri Mohan Singh, Aged About 50 Years, Resident Of Village And Tehsil Surothh, Near Sbbj Bank, District Karauli. Presently Posted As Constable Driver, Belt No. 835, Police Station, New Mandi, Hindaun, District Karauli (Raj.). Jagdish Prasad Son Of Shri Kanchan Ram, Aged About 52 Years, Resident Of Village Antarheda, Tehsil Mahua, District Dausa (Raj.). Presently Posted As Constable Driver, Belt No. 627, Reserve Police Line Karauli, District Karauli (Raj.). Jhamman Lal Son Of Shri Ram Lal, Aged About 53 Years, Resident Of Village Kodiya, Tehsil Shri Mahavir Ji, District Karauli. Presently Posted As Constable Driver, Belt No. 682, Reserve Police Line, Karauli, District Karauli (Raj.). Sundar Singh Son Of Shri Shivram Singh, Aged About 50 Years, Resident Of Jogi Pada, Goverdhan Gate, Tehsil And District Deeg, (Raj.). Presently Posted As Constable Driver, Belt No. 873, C.o. Office, Hindaun City, District Karauli (Raj.). Chandarbhan Singh Son Of Shri Pratap Singh, Aged About 48 Years, Resident Of Village Tighriya, Tehsil Hindaun City, District Karauli. Presently Posted As Constable Driver, Belt No. 930, Police Station Shri Mahavir Ji, District Karauli (Raj.).

10. Yadram Son Of Shri Shrifal Gurjar, Aged About 51 Years, Resident Of Village Akabarpur, Tehsil Shri Mahavir Ji, District Karauli. Presently Posted As Constable Driver, Belt No. 893, Reserve Police Line, Karauli, District Karauli [2025:RJ-JP:27086] (2 of 8) [CW-10535/2025] (Raj.).

11. Virendra Singh Son Of Shri Jagdish Prasad, Aged About 48 Years, Resident Of Village Aroda, Tehsil Nadbai, District Bharatpur. Presently Posted As Constable Driver, Belt No. 824, Police Station Karanpur, District Karauli (Raj.).

12. Mohar Singh Son Of Shri Sattu @ Satyanarayan Mali, Aged About 50 Years, Resident Of Village Gadi Ka Gaon, Harnagar, Tehsil Mandrayal, District Karauli. Presently Posted As Constable Driver, Belt No. 864, Reserve Police Line, Karauli, District Karauli (Raj.).

13. Deepu Singh Son Of Shri Devi Singh, Aged About 49 Years, Resident Of Village And Tehsil Hindaun City, District Karauli. Presently Posted As Constable Driver, Belt No. 834, Reserve Police Line, Karauli, District Karauli (Raj.). Versus ----Petitioners

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, Karauli (Raj.). Connected With S.B. Civil Writ Petition No. 10845/2025 ----Respondents

5. Dalip Singh Son Of Shri Udaiveer Singh, Aged About 49 Years, Resident Of Village-Post Choubara, Tehsil Nimrana, District Kotputli. (Raj.) Presently Posted As Constable Driver, Belt No. 925, C.i.d. (I.b.), Jaipur. Ramji Lal Son Of Shri Prahalad Ram, Resident Of House No. 55, Balaji Vihar-32, Benar Road Jaipur, District Jaipur. (Raj.). Constable Driver No. 204, Present Posting Anti-Terrorist Squat (A.t.s.), Ghat Gate, Jaipur. Sudesh Kumar Son Of Shri Kirodi Mal Yadav, Resident Of House No. 325, Morya City, Kishangarh, District Ajmer (Raj.) Presently Posted As Constable Driver No. 220, A.t.s., Ghat Gate, Jaipur. Jitendra Singh Son Of Shri Ranbir Singh, Resident Of Plot No. 89, Shri Rampuri Colony, Benar, Jaipur, District Jaipur (Raj.). Constable Driver No. 202, Present Posting Anti-Terrorist Squat (A.t.s.), Ghat Gate, Jaipur. Suwa Lal Son Of Shri Nanu Ram, Resident Of Quarter No. 897, Rajasthan Police Academy, Jaipur, (Raj.), Presently Posted As Constable Driver No. 233, A.t.s., [2025:RJ-JP:27086] (3 of 8) [CW-10535/2025]

9. Ghat Gate, Jaipur. Upendra Vyas Son Of Shri Kanhaiya Lal Vyas, Aged About 48 Years, Resident Of Village-Post Buzda, Tehsil Girwa, District Udaipur (Raj.). Presently Posted As Constable Driver, Belt No. 1602, Reserve Police Line, Udaipur. Magan Lal Menaria Son Of Shri Lahari Lal Menaria, Resident Of 1C, Ganpati Vihar, Near Fateh Baagh Garden, Paneriyo Ki Madri, Tehsil Girwa, District Udaipur (Raj.). Presently Posted As Constable Driver, Belt No. 2550, Reserve Police Line, Udaipur. Ishwar Singh Son Of Shri Ratan Singh Rathore, Resident Of Bamniya Kalaji Mandir Ke Saamne Tehsil And District Salumbar (Raj.). Presently Posted As Head Constable Driver, Belt No. 1645, Reserve Police Line, Udaipur. Ramesh Chandra Meena Son Of Late Shri Mannu Ram Meena, Aged About 48 Years, Resident Of Village-Post Kherli Chandrawat, Tehsil Nangal Khanjadi, District Alwar (Raj.). Presently Posted As Constable Driver, Belt No. 2562, Reserve Police Line, Udaipur.

10. Guljar Mohammad Kazi Son Of Shri Jan Mohammad, Resident Of Mohalla Paltan, Raja Nagar, Sarda District Udaipur (Raj.). Presently Posted As Constable Driver, Belt No. 1720, Reserve Police Line, Udaipur.

11. Ishwar Lal Son Of Shri Roop Lal Meena, Resident Of 11, Keekawat, Bilakh, Udaipur, District Udaipur (Raj.). Presently Posted As Constable Driver, Belt No. 1587, Reserve Police Line, Udaipur.

12. Deva Ram Meena Son Of Shri Annaram Meena, Resident Of Village Nayavas, Parawali Kalan Tehsil Gogunda, District Udaipur (Raj.). Presently Posted As Constable Driver, Belt No. 1629, Reserve Police Line, Udaipur.

13. Bhawani Singh Son Of Shri Manohar Singh Jhala, Resident Of Rathod Colony, Kotharia, Rajsamand, District Rajsamand (Raj.). Presently Posted As Constable Driver, Belt No. 622, Reserve Police Line, Udaipur.

14. Mahesh Kumar Son Of Shri Laxmi Lal Gurjar, Resident Of 51, Laxmi Sadan, Near Police Line, Tekri Behind Hanuman Temple, Girwa, District Udaipur (Raj.). Presently Posted As Constable Driver, Belt No. 1641, Reserve Police Line, Udaipur.

16. Javer Chand Son Of Shri Chuniyaji Meena, Resident Of Village Post Bilakh Kikawat, Tehsil Rishabhdev, Ajlaiyan, District Udaipur (Raj.). Presently Posted As Constable Driver, Belt No. 1583, Reserve Police Line, Udaipur. Shobhag Singh Son Of Shri Bhanwar Singh Rao, Resident Of Village Khodao, Tehsil Ballabh, District Udaipur. Presently Posted As Constable Driver, Belt No. 2583, Police Station Dabok, Udaipur. [2025:RJ-JP:27086] (4 of 8) [CW-10535/2025]

18. Parvat Singh Rathore Son Of Shri Rizpal Singh, Resident Of Prem Nagar Colony, Bargaon (Rural) District Udaipur. Presently Posted As Constable Driver, Belt No. 1588, Reserve Police Line, Udaipur. Ramesh Chandra Son Of Shri Jagdish Chand Bhavsar, Resident Of Sallada, Jhadol, Udaipur, District Udaipur. Presently Posted As Constable Driver, Belt No. 1721, Reserve Police Line, Udaipur.

19. Mukesh Kumar Son Of Shri Ratan Singh, Resident Of Village Post Hantra, Tehsil Nadbai, District Bharatpur. Presently Posted As Constable Driver, Belt No. 1722, S.o.g., Jaipur.

3. 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. (Raj.) Superintendent Of Police, Intelligence, C.i.d. (I.b.), Jaipur (Raj.). Director, Rajasthan Intelligence Training Academy, Jaipur (Raj.). Superintendent Of Police A.t.s., Ghat Gate, Jaipur (Raj.). Superintendent Of Police, Udaipur (Raj.). ----Respondents S.B. Civil Writ Petition No. 10875/2025 S. Vinod Kumar Son Of Shri B. Sukumar Pillai, Aged About 48 Years, Resident Of Plot No. 119 A, 11H Scheme, Bajri Mandi Road, Meenawala, Vaishali Nagar, Jaipur (Raj.). Presently Posted As Constable Driver, Belt No. 5953, Office Of Adg Sdrf (Rules), Jaipur. Hira Lal Soni Son Of Shri Harchand, Resident Of 33, Shri Ram Nagar, Nari Ka Phatak, Benar Road, Jhotwara, Jaipur (Raj.). Presently Posted As Constable Driver, Belt No. 5872, Reserve Police Line, Jaipur. Sanjay Kumar Pareek Son Of Shri Ghanshyam Pareek, Resident Of 443, Near Jain Temple, Badnore, Tehsil Asind, District Bhilwara (Raj.). Presently Posted As Constable Driver, Belt No. 1418, Reserve Police Line, Bhilwara.

4. Ghanshyam Regar Son Of Late Shri Amar Lal, , Resident [2025:RJ-JP:27086] (5 of 8) [CW-10535/2025] Of C-29, Amar Sadan, Near Dhakad Hostel, Ambedkar Colony, Jhalawar, District Jhalawar (Raj.). Presently Retired From The Post As Constable Band, Belt No. 209, Rpl, Jhalawar. Bahadur Singh Son Of Shri Phool Singh, Resident Of 331/39, Near Baraj Gas Godam, Ajeet Nagar, Bharatpur, District Bharatpur (Raj.). Presentlyposted As Sub- Inspector Armorer At Reserve Police Line, Bharatpur. Khushyal Singh Son Of Shri Badan Singh, Resident Of 2- B-24, Akash Nagar, Deoili Arab, Kota, District Kota (Raj.). Presently Posted As Head Constable Driver At Reserve Police Line, Kota. 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, (Raj.). D.c.p., Head Quarter, Police Commissionerate, Jaipur, (Raj.). Superintendent Of Police, Jaipur (Raj.) Superintendent Of Police, Bhilwara (Raj.). Superintendent Of Police, Jhalawar (Raj.). Superintendent Of Police, Bharatpur (Raj.). Superintendent Of Police, Kota (Raj.). ----Respondents

9. For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) : Mr. Bhuwnesh Sharma, AAG Ms. Kavita Sharma HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/07/2025

1. With consent of learned counsel for both the parties, the writ petitions have been heard finally on merits. [2025:RJ-JP:27086] (6 of 8) [CW-10535/2025]

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. 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 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 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. [2025:RJ-JP:27086] (7 of 8) [CW-10535/2025]

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.”

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 [2025:RJ-JP:27086] (8 of 8) [CW-10535/2025] 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 pending application(s), if any, stand disposed of.

8. A copy of this Order be placed in each connected file. Sachin/12, 22 & 25 (SUDESH BANSAL),J