HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15032/2025 1. Gabbar Singh Meena, S/o Shri Ramjilal Meena, Aged About 49 Years, R/o Plot No. 1017, Shera Pipe Agency, Malakheda, Alwar (Raj.). Constable Driver Belt No. 621. 2. Rajaram Gurjar, S/o Shri Laxminarayan Gurjar, Aged About 50 Years, R/o Village Arniya Kedar, Post Arniya Kedar, Tehsil Tonk, District Tonk, (Raj.). Constable Driver Belt No. 534. 3. Surendra S/o Shri Begaram, Aged About 49 Years, R/o Village Post Degarla, Tehsil Rajgarh, Dhigarla, District Churu (Raj.) Constable Driver Belt No. 478. 4. Ghasiram S/o Shri Ramkarn, Aged About 48 Years, R/o Village Kureda, Post Pamrotiya, Tehsil Pipalu, District, Tonk (Raj.). Constable Driver Belt No. 365. 5. Shyoram Singh, S/o Shri Phoolaram, Aged About 48 Years, R/o Village Post Sirohi, Tehsil Neem Ka Thana, District Sikar (Raj.). Constable Driver Belt No. 657. 6. Ramavtar Jat, S/o Shri Nehnu Lal Jat, Aged About 48 Years, R/o Village Post Gehlod, Tehsil Pipalu, District, Tonk (Raj.). Constable Driver Belt No. 530. 7. Rajaram S/o Shri Manaram, Aged About 50 Years, R/o Village Post Satheran, Tehsil Nagaur, District Nagaur (Raj.) Constable Driver Belt No. 507. 8. Satyaveer Singh, S/o Shri Ramkishan Yadav, Aged About 50 Years, R/o Village Kamalpur, Post Budhi Bawal, Tehsil Tijara, District Khairthal-Tijara (Raj.). Constable Driver Belt No. 175. 9. Hawa Singh S/o Shri Suraj Bhan, Aged About 49 Years, R/o Village Majra, Post Bhanot, Tehsil Mundawar, District Khairtahl-Tijara, (Raj.) Constable Driver Belt No. 487. 10. Kailash Chand S/o Shri Jagga Lal, Aged About 52 Years, R/o Kishanpura, Post Dodwadi, Tehsil Pipalu, District Tonk (Raj.). Constable Driver Belt No. 351. ----Petitioners Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Home Department, Government Of Rajasthan, (2 of 5) [CW-15032/2025] Government Secretariat, Jaipur (Raj.). 2. Director General Of Police, Police Headquarters, Rajasthan, Jaipur. 3. Additional Director General Of Police, Armed Battalions, Police Headquarters, Rajasthan, Jaipur. 4. Commandant, 7Th Battalion, Rac, Bharatpur, Rajasthan. 5. Commandant, 9Th Battalion, Rac, Tonk, Rajasthan. 6. Commandant, 3Rd Battalion, Rac, Bikaner, Rajasthan. 7. Financial Advisor, Police Head Quarter, Lal Kothi, Tonk Road, Jaipur (Raj.). ----Respondents For Petitioner(s) : Mr. Udit Sharma For Respondent(s) : Mr. Parth Sharma and Ms. Devakriti Vashistha both for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/10/2025 1. Mr. Parth Sharma, Adv., and Ms. Devakriti Vashisth, Adv. accepts notice on behalf of respondent(s). 2. With consent of learned counsel for both the parties, the writ petition has been heard finally on merits. 3. Petitioners, by means of filing instant writ petition, have raised a common grievance for not granting the selection scale on completion of 18 years of service from the post of Constable (Driver). It has been contended out that petitioners belong to M.T. Cadre and since promotional post to ASI from Head Constable is not available, therefore, petitioners are eligible and entitled to get selection scale on next promotional post i.e. Sub-Inspector. (3 of 5) [CW-15032/2025] 3. The counsel for the petitioners submits that the issue raised by petitioners in the instant writ petition has been answered positively, by a 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 a 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 Supreme Court in Civil Appeal No.1766/2015 on 12.05.2015. The relevant paras of the Judgment of the Coordinate Bench dated 20.12.2023 reads as under:- “10.This Court further observes that the judgment rendered by a Division Bench of this 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 (4 of 5) [CW-15032/2025] 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. Mr. Parth Sharma appearing on behalf of Mr. Bhuwnesh Sharma, Additional Advocate General does not dispute that the issue raised by petitioners in the present writ petition is covered by the final judgment dated 20.12.2023 passed in case of 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 (5 of 5) [CW-15032/2025] case of Amar Singh (supra) dated 20.12.2023. 6. In view of above, the instant writ petition is allowed in terms of judgment dated 20.12.2023 passed in SBCWP No.3873/2019: Amar Singh & Ors. Vs. State of Rajasthan (supra) and petitioners are also entitled to get benefit of selection scale on completion of their 18 years of service on the post of Constable (subject to satisfactory service record, as required under the rules). 7. Stay applications and other pending application(s), if any, stand disposed of. (ASHOK KUMAR JAIN),J Chetna/58