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2025 DAILYLAW 44980 (RAJ)

DHANESHWAR PARMAR SON OF SHRI KHEMAJI PARMAR v. STATE OF RAJASTHAN

CW/18986/2025 · 2025-12-04

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:49465] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18986/2025 Dhaneshwar Parmar Son Of Shri Khemaji Parmar, Aged About 52 Years, Resident Of Village Picholi, Tehsil And District Dungarpur (Raj.). Presently Posted As Constable, Belt No. B-274, At Mewar Bheel Core, Kherwara, Udaipur (Raj.). ----Petitioner 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, Police Head Quarter, Jaipur. 4. Commandant, Mewar Bheel Core, Kherwara, Udaipur, (Raj.). ----Respondents For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/12/2025 1. Instant writ petition is preferred by petitioner with following prayer: “(i) Issue a writ order or direction in the nature thereof thereby directed the respondents to solve the pay anomaly and fix the pay of petitioner from the date of its entitlement and pay the arrears with interest 18% p.a. thereof since the date of its entitlement in the larger interest of justice. [2025:RJ-JP:49465] (2 of 3) [CW-18986/2025] (ii) Issue any other writ order or direction, which this Hon’ble Court deems fit and proper, may kindly be passed in favour of the petitioner. (iii) Cost of writ petition also may kindly be awarded in favour of petitioner.” 2. Learned counsel for petitioner while referring and relying upon order dated 12.05.2017 in D.B. Civil Writ Petition No.10688/2016 titled as Naved Ali Zaidi and Ors. Vs. State of Rajasthan and Ors. submits that the controversy and the issue raised herein is already settled by a Division Bench of this Hon’ble Court (on the basis of ratio laid down in D.B. Civil Writ Petition No.8063/2016 at Principal Seat, Jodhpur). He 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 is disposed of in light of D.B. Civil Writ Petition No.10688/2016 titled as Naved Ali Zaidi and Ors. Vs. State of Rajasthan and Ors. (supra) on the basis of ratio laid down by a Division Bench of this Court at Principal Seat, Jodhpur in D.B. Civil Writ Petition No.8063/2016. 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 case of D.B. Civil Writ Petition No.10688/2016 titled as Naved Ali Zaidi and Ors. Vs. State of Rajasthan and Ors. (supra) (on the basis of ratio laid down by a [2025:RJ-JP:49465] (3 of 3) [CW-18986/2025] Division Bench of this Court at Principal Seat, Jodhpur in D.B. Civil Writ Petition No.8063/2016), 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 decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E- mail in his representation. If the petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition. 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/126