[2025:RJ-JP:44836] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15647/2025 Heeralal S/o Shriram Jat, Aged About 49 Years, Resident Of Kalipahari, Post Gopipura, District Alwar, Rajasthan Pincode 301407, Presently Posted As Constable Belt No. 1570 At Pratapgardh, Alwar. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur Rajasthan. 2. The Principal Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 3. The Director General Of Police, Rajasthan Police Head Quarter, Jaipur, Rajasthan. 4. The Superintendent Of Police, District Alwar, Rajasthan. ----Respondents For Petitioner(s) : Ms. Devyani Rathore For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/10/2025 1. Instant writ petition is preferred by petitioner with following prayer: “(i) By an appropriate writ, order or direction, the action of the respondents whereby the benefit of first and second financial upgradation under the Assured Career Progression Scheme on completion of 9 and 18 years of service respectively have been deferred by one year on account of minor penalty of Censure may kindly [2025:RJ-JP:44836] (2 of 4) [CW-15647/2025] be declared as arbitrary, illegal and unconstitutional. (ii) By an appropriate writ, order or direction, hold that the order dated 30.11.2004 imposing penalty of Censure upon petitioner cannot not be considered for according the benefits of financial upgradation under ACP Scheme upon completion of 9, 18 and 27 years of regular service from initial date of appointment as admissible under applicable rules. (iii) By an appropriate writ, order or direction, direct the respondents to accord benefit of first financial upgradation under ACP Scheme upon completion of 9 years of service from 02.04.2007 instead of 02.04.2008 along with consequential benefits. (iv) By an appropriate writ, order or direction, direct the respondents to accord benefit of second financial upgradation under ACP Scheme upon completion of 18plus 2 years of service from 02.04.2018 instead of 02.04.2019 along with consequential benefits. (v) By an appropriate writ, order or direction, direct the respondents to accord benefit of third financial upgradation under ACP Scheme upon completion of 27 years of service on 02.04.2025. (vi) By an appropriate writ, order or direction, the action of the respondents of deferring the benefits [2025:RJ-JP:44836] (3 of 4) [CW-15647/2025] of ACP Scheme in account of minor penalty of Censure must be deprecated in strongest terms.” 2. Learned counsel for petitioner while placing reliance upon judgment dated 07.05.2025 in SB CWP No.20358/2018 titled as Raghuveer Singh Vs. State of Rajasthan and Ors. submits that petitioner is entitled for benefit of first and second ACP on completion of 9 and 18 years of service but same has been deferred on account of minor penalty of censure imposed upon the petitioner in disciplinary proceedings. She further submitted that the settled law over the issue is well settled and no government servant can be deprived from promotion or grant of ACP on account of penalty of censure. 3. Having considered aforesaid, it is appropriate to dispose of the writ petition at this stage in light of judgment as referred by learned counsel for petitioner. 4. Considering the legal position as decided by a Co-ordinate Bench of this Court in case of Raghuveer Singh Vs. State of Rajasthan and Ors. (supra) the petitioner is directed to submit a representation in light of judgment in case of Raghuveer Singh Vs. State of Rajasthan and Ors. (supra) and respondents are directed to consider the applicability of ratio laid down in case of Raghuveer Singh Vs. State of Rajasthan and Ors. (supra) and decide the issue of grant of ACP as pleaded by the petitioner, within four weeks of receipt of representation. In case, there is any deviation or veracity in facts mentioned by petitioner, the respondents are at liberty to decide the representation [2025:RJ-JP:44836] (4 of 4) [CW-15647/2025] within a period of 30 days from date of receipt of copy of the representation with a reasoned and speaking order and under intimation to the petitioner. 5. If grievance still exists, the petitioner is at liberty to re- approach this court with a fresh writ petition. 6. Accordingly, writ petition along with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /96