BALBAHADUR SINGH CONSTABLE (DRIVER) NO. 771 S/O MANOHAR SINGH CHAUHAN v. STATE OF RAJASTHAN
CW/19969/2025 · 2025-12-19
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39114 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39114 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:51835] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19969/2025 Balbahadur Singh Constable (Driver) No. 771 S/o Manohar Singh Chauhan, Aged About 50 Years, Present Working At 12Th Bn. Rac, Vikaspuri, Delhi. ----Petitioner Versus
1. State Of Rajasthan, Through Addl. Chief Secretary, Department Of Home, Secretariat, Govt. Of Rajasthan, Jaipur.
2. A.D.G.P., Rajasthan Police, PHQ, Lal Kothi, Jaipur.
3. Commandant, 12Th Bn. Rac, Vikaspuri, Delhi. ----Respondents For Petitioner(s) : Mr. M.S. Raghav For Respondent(s) : Mr. Vishnu Dutt Sharma, AAAG for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 19/12/2025
1. Instant writ petition is preferred by petitioner with following prayer:
“A. By an appropriate writ, order or direction the respondents may kindly be directed to release the benefits of second and third selection scale after computing the period from the initial date of appointment instead from the date of completion of 9 years of service. B. By an appropriate writ, order or direction the respondents may be directed to release the due arrear with interest from the date of completion of second selection scale i.e. 01.04.2013 after calculating the second and third selection scale from the initial date of appointment.
[2025:RJ-JP:51835] (2 of 4) [CW-19969/2025] C. By appropriate writ, order or direction, direct the respondents: to accord permission/chance to petitioner to exercise re-option from the day of completion of 18 years of service counted from initial date of appointment. D. Or Alternate, direct the respondents to fixed the petitioner on pay scale 9300-34800 + Grade Pay of 4200/-, from the date of completion of 2nd Selection Scale in the old pay scale with all consequential benefits, as in RAC there is no post of Assistant Sub- Inspector. E. By an appropriate writ, order or direction the impugned office order dated 21.01.2025 1.e. Ann-2 may kindly be set aside and quashed and further
directed the respondents to released the second selection acale from 01.04.2013 Instead 01.04.2015. F. By any other appropriate writ, order, or direction which this Hon'ble Court may deems think fit and proper be pass in favour of the petitioner. G. Costs of the writ petition may kindly be awarded in favour of the petitioner.”
2.
Learned counsel for petitioner while referring and relying upon order dated 16.01.2025 in S.B. Civil Writ Petition No.471/2025 titled as Shambhu Lal Teli Vs. State of Rajasthan and Ors. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court (on the basis of ratio laid down in cases of Jamil Hussain Mansuri Vs. State of Rajasthan and Ors. : SBCWP No. 15003/2021 and Pawan Meena Vs. State of Rajasthan & Ors. : SBCWP No. 1665/2024). He
[2025:RJ-JP:51835] (3 of 4) [CW-19969/2025] further submitted that instant writ petition be disposed of in accordance with aforesaid order.
3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition may be disposed in light of Shambhu Lal Teli Vs. State of Rajasthan and Ors. (supra), Jamil Hussain Mansuri Vs. State of Rajasthan and Ors. (supra) and Pawan Meena Vs. State of Rajasthan & Ors. (supra) passed by this Court.
4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation in light of ratio laid down in cases of Shambhu Lal Teli Vs. State of Rajasthan and Ors. (supra), Jamil Hussain Mansuri Vs. State of Rajasthan and Ors. (supra) and Pawan Meena Vs. State of Rajasthan & Ors. (supra), but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E- mail in his/her representation. If the petitioner is still aggrieved, he/she has a liberty to approach this Court with fresh petition.
[2025:RJ-JP:51835] (4 of 4) [CW-19969/2025]
5. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended.
6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J MR/86