[2025:RJ-JP:47810] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18162/2025 Mohmmed Mohsin Khan S/o Mohmmed Shafi Khan, Aged About 32 Years, Resident Of B-711, Sanjay Nagar, Bhatta Basti, Shastri Nagar, Jaipur- 302016 (Raj.) ----Petitioner Versus Rajasthan State Motor Garage Department, Through Its Controller And Officio Joint Secretary, 22- Godam, Sahkar Path, Jaipur- 302001. ----Respondent For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Mr. Vishal Kumar for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/11/2025 1. The instant civil writ petition is filed by the petitioner with following prayer:- “1. The inaction/omission on the part of the respondent in not treating the humble petitioner entitled for benefits of promotion, regular increments, and regular pay scale, etc., may be declared arbitrary and illegal, and the same may be ordered to be set right by directing the respondents to grant the regular pay scale, regular increments, and consequential benefits including promotion to the humble petitioner with effect from the date of his entitlement, in view of the Certificate of RS-CIT in the interest of justice. 2. Any other appropriate order or direction as deemed fit may also be passed in favour of the petitioner in the interest of justice.” [2025:RJ-JP:47810] (2 of 3) [CW-18162/2025] 2. Mr. Vishal Kumar for Mr. Manoj Sharma, AAG accepts notice on behalf of respondent. Office is directed to reflect name of Mr. Manoj Shrma, AAG as counsel for the respondent. 3. Learned counsel for the petitioner while placing reliance upon order dated 17.02.2025 in S.B. Civil Writ Petition No.1457/2025 (Manish Vyas Vs. The State of Rajasthan and Ors.) passed by a Co-ordinate Bench at Principal Seat, Jodhpur and further referred and relied in case of Nihal Singh Vs. The State of Rajasthan and Ors. : S.B. Civil Writ Petition No.7367/2025 (order dated 02.05.2025) submits that the petitioner was appointed on compassionate ground and as per circular and the provision under the Rules, the petitioner has acquired a computer proficiency certificate qualification, issued in the name of RS-CIT and he is not required to undergo a type test, and exempted from said typing test. He also submits that a S.B. Civil Writ Petition No. 8887/2025 (Pramjeet Tandi Vs. The State of Rajasthan and Ors.) is also disposed of on behalf of ratio laid down in case of Manish Vyas Vs. The State of Rajasthan and Ors. (supra). 4. Learned counsel for the respondents submits that if, the ratio is applicable on the facts of the case then they will consider applicability of the ratio. 5. Having considered aforesaid, it is appropriate to dispose of the writ petition on basis of ratio as laid down in case of Manish Vyas Vs. The State of Rajasthan and Ors. (supra) by a Co- ordinate Bench of this Court at Principal Seat, Jodhpur, if applicable upon facts of present case. [2025:RJ-JP:47810] (3 of 3) [CW-18162/2025] 6. The present writ petition is disposed with following directions:- (i) The respondents are directed to give due increments and all other consequential benefits, including promotion to the petitioner in accordance with law - as per the provisions contained in Rule 9 of the Rules of 1996 so also the circular dated 04.05.2017. (ii) The respondents shall obviously give notional increments to the petitioner from the date of appointment up to the date when the representation to exemption was filed by the petitioner. (iii) The respondents are directed to pass requisite order in line with the adjudication made hereinabove within a period of two months from today. The arrears, if any, be paid within a period of four months from the date of the order instant. 7. The stay application and all other application(s) stand disposed of accordingly. (ASHOK KUMAR JAIN),J MR/122