[2025:RJ-JP:40521] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14842/2025 1. Mahtab Singh, S/o Shri Phool Chand Mahala, Aged About 49 Years, R/o Napavali, Sikar (Raj.) Constable Driver No. 1146. 2. Lokesh Singh S/o Shri Ramkumar, Aged About 50 Years, R/o Behind R.o Ward No. 1 Naya Purana 03 Suratgarh (Raj.). Constable Driver No. 1079. 3. Krishan Lal S/o Shri Gauri Shankar, Aged About 47 Years, R/o Ramsara Jakhdan,18 Stb Ganganagar (Raj.). Constable Driver No. 1088. 4. Ramesh Kumar S/o Shri Mahaveer Prasad, Aged About 51 Years, R/o Lalgadh Jatan, Ward No 27 Sail Shahar (Raj.). Constable Driver No. 1312. 5. Rajesh Kumar, S/o Shri Ant Ram, Aged About 49 Years, R/o 4 Hh, 6Hh, Mahiyavali, Shri Ganganagar (Raj.) Constable Driver Belt No. 1055. 6. Praveen Kumar S/o Shri Mohan Lal, Aged About 47 Years, R/o Ward No 14 Karanpur Marg Purani Aabadi, Shri Ganganagar (Raj.). Constable Driver No. 1121. 7. Dharampal Jangid S/o Shri Maghraj Jangid, Aged About 46 Years, R/o Karanpura Churu (Raj.) Constable Driver Belt No. 1129. 8. Lakhveer Singh S/o Shri Kartar Singh, Aged About 50 Years, R/o Chak Thandewala, 9 Tkw, Ganeshgarh Shri Ganganagar (Raj.). Constable Driver Belt No. 1133. 9. Vijay Kumar S/o Shri Balram Saharan, Aged About 48 Years, R/o Vpo Chunawad, (Raj.) Constable Driver Belt No. 1175. 10. Angrej Kumar S/o Shri Omprakash, Aged About 46 Years, R/o Govindpura (18Gg), Shri Ganganar (Raj.). Constable Driver Belt No. 1124. 11. Ran Singh, S/o Shri Ratan Singh, Aged About 47 Years, R/o Sarpanch Colony 2.m.l Shri Ganganar (Raj.) . Constable Driver Belt No. 1046. 12. Bhadar Singh S/o Shri Jogendra Singh, Aged About 49 Years, R/o 162 Basant Vihaar Chak 1 B Choti Teen Puli Shri Ganganagar (Raj.). Constable Driver 1139. [2025:RJ-JP:40521] (2 of 5) [CW-14842/2025] 13. Jasmat Singh S/o Shri Najam Singh, Aged About 48 Years, R/o House No 136-137 Chak 1 B Choti Basant Vihar Colony Teen Puli Shri Ganganagar (Raj.). Constable Driver. 14. Sushil Kumar S/o Shri Prithviraj, Aged About 45 Years, R/o Ward No. 9 Daulatpura Shri Ganganagar (Raj.). Constable Driver Belt No. 1028. 15. Prem Lal S/o Shri Rajaram, Aged About 47 Years, R/o Vpo Sadhuwali Shri Ganganagar (Raj.). Constable Driver Belt No. 1164. 16. Prithviram S/o Shri Ramrakh, Aged About 47 Years, R/o Chak 2 A.s.m Beniwalo Ki Dhani, Tehsil Rawatsar, District Hanumangadh (Raj.). Constable Driver Belt No. 1035. ----Petitioners Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Home Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.). 2. Director General Of Police, Police Headquarters, Rajasthan, Jaipur. 3. Superintendent Of Police, District Shri Ganganagar, Rajasthan. 4. 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 06/10/2025 1. With consent of learned counsel for both the parties, the writ petition has been heard finally on merits. [2025:RJ-JP:40521] (3 of 5) [CW-14842/2025] 2. Petitioners, by means of filing instant writ petition, have raised a common grievance for not granting the selection scale for the post of Sub-Inspector on completion of 18 years of service from the post of Constable. 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. 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 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 [2025:RJ-JP:40521] (4 of 5) [CW-14842/2025] 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 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.” [2025:RJ-JP:40521] (5 of 5) [CW-14842/2025] 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 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 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 and petitioners are also entitled to get benefit of selection scale for the post of Sub-Inspector on completion of their 18 years of service on the post of Constable (subject to satisfactory service record, if required under the rules). 7. Stay applications and other pending application(s), if any, stand disposed of. (ASHOK KUMAR JAIN),J MR/63