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2025 DAILYLAW 48061 (RAJ)

ASHOK KUMAR BAROLIA ASSTT. SUB-INSPECTOR v. STATE OF RAJASTHAN

CW/18931/2025 · 2025-12-04

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:49484] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18931/2025 Ashok Kumar Barolia Asstt. Sub-Inspector, Aged About 57 Years, Son Of Sh. Chootu Ram Barolia, Resident Of Ward No. 10, Soni Colony, Srimadhopur, Sikar- Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Additional Chief Secretary (Home), Home Department, Secretariat, Ashok Nagar, Jaipur, Rajasthan, Pin Code-302005 2. Director General Of Police, Rajasthan, Police Head Quarter (Phq), Lal Kothi, Jaipur-302015 3. Inspector General Of Police, Jaipur Range, Jaipur 4. Superintendent Of Police, Sikar-Rajasthan. ----Respondents For Petitioner(s) : Mr. M.S. Raghav 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: “It is, therefore, most respectfully, prayed that this Hon'ble Court be pleased to call for the entire record relating to this case and after pursuing the same maybe pleased to accept and allow this writ petition, and: - 1) By an appropriate writ, order, or direction, directing the official respondents to open the sealed [2025:RJ-JP:49484] (2 of 3) [CW-18931/2025] cover containing recommendations of Promotion Committee qua him for promotion to the post of Sub- Inspector against vacancies of 2021-22 and grant him promotion to post of Sub- Inspector, when his batchmate were so promoted and further that the petitioner should be held entitled to all consequential benefits with interest @ 18% per annum. 2) By an appropriate writ, order, or direction, directing the official to grant him respondents promotion on the post of Sub- Inspector, against vacancy 2021- 22 with all consequential benefits. 3) 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. 4) Cost of the writ petition may kindly be awarded in favour of petitioner.” 2. Learned counsel for petitioner while referring and relying upon judgment dated 22.04.2025 in S.B. Civil Writ Petition No. 17176/2022 titled as “Kuldeep Khatri Vs. State of Rajasthan & Anr. submits that the controversy and the issue raised herein is already settled by a Co- ordinate Bench of this Hon’ble Court, at Principal Seat, [2025:RJ-JP:49484] (3 of 3) [CW-18931/2025] 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 may be disposed in light of ratio laid down in case of Kuldeep Khatri (supra). 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 Kuldeep Khatri (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 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 CHETNA BEHRANI /119