[2025:RJ-JP:47886] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11827/2020 1. Jitendra Singh Son Of Shri Bhagwan Singh Singh, Aged About 44 Years, Resident Of Village Badalwas, Tehsil Dhod, District Sikar (Raj.). Constable Driver No. 1009, Present Posting Reserve Police Line, Sikar. 2. Pradhan Singh Son Of Shri Ram Lal, Aged About 45 Years, Resident Of Village Khud, Tehsil Danta Ramgarh, District Sikar (Raj.). Constable Driver No. 1023, Present Posting Reserve Police Line, Sikar. 3. Bhanwar Lal Son Of Shri Rameshwar Lal, Aged About 44 Years, Resident Of Village Basdi Kalan, Post Dudhwa, Tehsil Danta Ramgarh, District Sikar (Raj.). Constable Driver No. 1035, Present Posting Reserve Police Line, Sikar. 4. Prakash Chand Fagediya Son Of Shri Thakur Singh, Aged About 45 Years, Resident Of Village Manasi, Tehsil Laxmangarh, District Sikar (Raj.). Constable Driver No. 1022, Present Posting Reserve Police Line, Sikar. 5. Hira Lal Son Of Shri Bilasha Ram, Aged About 50 Years, Resident Of Village Todpura, Tehsil Navalgarh, District Jhunjhunu (Raj.). Constable Driver No. 1027, Present Posting Reserve Police Line, Sikar. 6. Vijendra Kumar Son Of Shri Sanwar Mal, Aged About 43 Years, Resident Of Village Kodila, Tehsill And District Sikar (Raj.). Constable Driver No. 1032, Present Posting Police Station Kotwali, Sikar. 7. Banwari Lal Son Of Shri Bhagwan Singh, Aged About 45 Years, Resident Of Village Gothra Bukhran, Tehsil Dhod, District Sikar (Raj.). Constable Driver No. 1040, Present Posting Reserve Police Line, Sikar. 8. Balveer Singh Son Of Shri Hardeva Ram, Aged About 43 Years, Resident Of Village Jhigar Chhoti, Tehsil And District Sikar (Raj.). Constable Driver No. 1036, Present Posting Reserve Police Line, Sikar. 9. Narendra Singh Son Of Shri Sangram Singh, Aged About 45 Years, Resident Of Village Ghatwa, Tehsil Nawa, District Nagour, (Raj.). Constable Driver No. 1033, Present Posting Reserve Police Line, Sikar. 10. Mahesh Kumar Son Of Shri Ram Narayan, Aged About 45 Years, Resident Of Adrash Colony, W. N.-7, Neemkathana, District Sikar (Raj.). Constable Driver No. 1570, Present Posting Reserve Police Line, Sikar. 11. Sultan Singh Son Of Shri Laxman Singh, Aged About 46 Years, Resident Of Village Bharni, Tehsil Shrimadhopur, District Sikar (Raj.). Constable Driver No. 1018, Present Posting Reserve Police Line, Sikar. 12. Sita Ram Son Of Shri Hardev Singh, Aged About 46 Years, Resident Of Village Bharni, Tehsil Shrimadhopur, District [2025:RJ-JP:47886] (2 of 6) [CW-11827/2020] Sikar (Raj.). Constable Driver No. 484, Present Posting Police Station Thoi, Sikar. 13. Nemi Chand Son Of Shri Jodha Ram, Aged About 43 Years, Resident Of Village Jachas, Tehsil Dhod District Sikar (Raj.). Constable Driver No. 636, Present Posting Reserve Police Line, Sikar. 14. Kiran Singh Son Of Shri Hajari Lal Gurjar, Aged About 46 Years, Resident Of Dhani Pipliwali Post Chala, Tehsil Neem Ka Thana, District Sikar (Raj.). Constable Driver No. 499, Present Posting Police Station Thoi, Sikar. 15. Sharvan Kumar Son Of Shri Jagdish Prasad, Aged About 43 Years, Resident Of Village Mandawara, Tehsil Dhod, District Sikar (Raj.). Constable Driver No. 1038, Present Posting Reserve Police Line, Sikar. 16. Mal Singh Son Of Shri Hanuman Singh, Aged About 45 Years, Resident Of Village Kailash, Tehsil Danta Ramgarh, District Sikar (Raj.). Constable Driver No. 1028, Present Posting Reserve Police Line, Sikar. 17. Sohan Lal Son Of Shri Chiranji Lal, Aged About 44 Years, Resident Of Village Mundwada, Tehsil Dhod, District Sikar (Raj.). Constable Driver No. 1019, Present Posting Reserve Police Line, Sikar. 18. Rakesh Kumar Son Of Shri Fool Chand, Aged About 49 Years, Resident Of Village Chhajna, Tehsil Khandela, District Sikar (Raj.). Constable Driver No. 1034, Present Posting Reserve Police Line, Sikar. 19. Gokul Chand Nehra Son Of Shri Mula Ram Nehra, Aged About 45 Years, Resident Of Nehro Ki Dhani, Post Royal, Tehsil Khandela, District Sikar (Raj.). Constable Driver No. 640, Present Posting Reserve Police Line, Sikar. 20. Narendra Prasad Son Of Shri Jagnnath Prasad, Aged About 44 Years, Resident Of Tiwadi Ki Dhani, Tehsil Khandela, District Sikar (Raj.). Constable Driver No. 604, Present Posting Reserve Police Line, Sikar. 21. Surendra Kumar Son Of Shri Madan Singh, Aged About 42 Years, Resident Of Village Thorasi, Ps Dadiya, District Sikar (Raj.). Constable Driver No. 1043, Present Posting Reserve Police Line, Sikar. 22. Shiv Pal Son Of Shri Bhagwana Ram, Aged About 43 Years, Resident Of Village Kailash, Tehsil Danta Ramgarh, District Sikar (Raj.). Constable Driver No. 1042, Present Posting Reserve Police Line, Sikar. 23. Surbhan Singh Son Of Shri Kajod Mal, Aged About 50 Years, Resident Of Village Lakhni, Via Ringus Tehsil Khandela, District Sikar (Raj.). Constable Driver No. 769, Present Posting Reserve Police Line, Sikar. 24. Om Prakash Son Of Shri Rameshwar Lal, Aged About 45 Years, Resident Of Village Post Mordunga, Via Singrawat Tehsil Dhod, District Sikar (Raj.). Constable Driver No. [2025:RJ-JP:47886] (3 of 6) [CW-11827/2020] 1016, Present Posting C.o. Office, Sikar. 25. Mool Chand Son Of Shri Hardeva Ram, Aged About 45 Years, Resident Of Dhani Guman Singh Wali, Tehsil Khandela, District Sikar (Raj.). Constable Driver No. 1052, Present Posting Reserve Police Line, Sikar. 26. Kishan Lal Son Of Shri Laxman Ram, Aged About 46 Years, Resident Of Ambedkar Nagar, Ward No. 46, Sikar, District Sikar (Raj.). Constable Driver No. 1013, Present Posting Mahila Thana, Sikar. 27. Lal Chand Son Of Shri Richpal, Aged About 45 Years, Resident Of Village Rajuwali (Raj Nagar), Tehsil Neem Ka Thana, District Sikar (Raj.). Constable Driver No. 163, Present Posting Reserve Police Line, Sikar. 28. Baldev Ram Saini Son Of Shri Kanhaya Lal, Aged About 46 Years, Resident Of Dhani Sadhuwala Kuwa Chabiwala, Post Mawanda R.s., Tehsil Neem Ka Thana, District Sikar (Raj.). Constable Driver No. 1020, Present Posting A.ddl. S.p. Office, Neem Ka Thana, Sikar. 29. Puran Mal Son Of Shri Prabhati Lal, Aged About 43 Years, Resident Of Village Silpur, Tehsil Khandela, District Sikar (Raj.) At Present Constable Driver No. 1012, Reserve Police Line, Sikar. 30. Mahesh Singh Son Of Shri Prabhate Lal, Aged About 43 Years, Resident Of Village Silpur, Tehsil Khandela, District Sikar (Raj.) At Present Constable Driver No. 1031, C.o. Office, Neem Ka Thana, Sikar. 31. Rajendra Prasad Mahriya Son Of Shri Balu Ram, Aged About 43 Years, Resident Of Village Singod Kala, Tehsil Chomu, District Jaipur (Raj.) At Present Constable Driver No. 1024, Reserve Police Line, Sikar. 32. Mohan Lal Son Of Shri Kajod Mal, Aged About 43 Years, Resident Of Village Adwadi, Via Kanwat, Tehsil Shrimadhopur, District Sikar (Raj.) At Present Constable Driver No. 1037, Reserve Police Line, Sikar. 33. Sumer Singh Son Of Shri Moola Ram Saini, Aged About 46 Years, Resident Of Village-Post Jhajhad, Tehsil And District Jhunjhunu (Raj.) At Present Constable Driver No. 483, Police Station Ramgarh Shaitan, Sikar. 34. Madu Ram Son Of Shri Hanuman Prasad Meena, Aged About 43 Years, Resident Of Dhani Naya Kuwa, Sanjay Nagar, Tehsil Khetri, District Jhunjhunu (Raj.) At Present Constable Driver No. 1017, Police Station Sadar, Neem Ka Thana, Sikar. 35. Dariya Singh Son Of Shri Mani Ram, Aged About 44 Years, Resident Of Village-Post Napawali, Tehsil Neem Ka Thana, District Sikar (Raj.). At Present Constable No. 321, Retired From Dysp. Office Neem Ka Thana, Dist. Sikar. ----Petitioners [2025:RJ-JP:47886] (4 of 6) [CW-11827/2020] Versus 1. State Of Rajasthan, Through Its Principal Secretary To The Government, Department Of Finance (Rules), Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj.) 2. Secretary (Home), Ministry Of Home Affairs, Government Of Rajasthan, Govt. Secretariat, Jaipur. 3. Director General Of Police, Rajasthan, Jaipur. 4. Superintendent Of Police, Sikar, (Raj.). ----Respondents For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) : Mr. Somitra Chaturvedi HON'BLE MR. JUSTICE GANESH RAM MEENA Order 26/11/2025 1. Learned counsel for the petitioners as well as the State respondent submit that the issue raised in the present writ petition is no more res integra and same has been settled in S.B. Civil Writ Petition No. 3873/2019 titled as Amar Singh & Ors. Vs. State of Rajasthan & Ors. decided on 20.12.2023 at Principal Seat, Jodhpur placing reliance on the judgment rendered by the Division Bench in D.B Special Appeal (Writ) No. 763/2011, decided on 02.08.2011 titled as State of Rajasthan & Ors. Vs. Banney Khan. 2. The Co-ordinate Bench at Principal Seat, Jodhpur in case of Amar Singh (Supra) observed 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 [2025:RJ-JP:47886] (5 of 6) [CW-11827/2020] 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 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 thepay 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.” 3. In view of the above, the instant writ petition is allowed in terms of the judgment dated 20.12.2023, passed in case of [2025:RJ-JP:47886] (6 of 6) [CW-11827/2020] Amar Singh(supra) and the petitioners are held to be entitled to get benefit of selection scale for the post of Sub-Inspector on completion of his 18 years of service on the post of Constable. 4. The Stay application and pending application, if any, also stand disposed of. (GANESH RAM MEENA),J Shruti /20