DIRECTOR GENERAL OF POLICE v. BHAGWAN SAHAI SHARMA S/O SH. RAM KISHORE SHARMA
CW/2466/2025 · 2025-07-17
Mahendar Kumar Goyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7220 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7220 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:26644] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2466/2025 Director General of Police, Headquarter, Rajasthan, Jaipur. ----Petitioner/Respondent Versus
1. Bhagwan Sahai Sharma S/o Sh. Ram Kishore Sharma, Aged 56 Years, R/o Gram Sadawali, Tehsil Baswar, District Dausa Presently Posted As Class Iv Employee (Cook) At Police Line, Dausa. Respondent/Appellant
2. Naina Ram S/o Shri Shankar Lal, Lower Division Clerk, GRP, Ajmer. ----Performa Respondent For Petitioner(s) : Mr. Bhuwnesh Sharma, AAG with Mr. Vishnu Dutt Sharma Ms. Kavita Sharma For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 17/07/2025 This writ petition under Article 227 of the Constitution of India is directed against the order dated 27.09.2023 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for brevity
“the Tribunal”) whereby, while accepting the Appeal No.293/2004 preferred by the respondent No.1, a direction has been issued to consider his candidature for promotion to the post of Clerk Grade- II as per his seniority list and in case, he is found suitable for the promotion, to extend him this benefit with all consequential benefits.
[2025:RJ-JP:26644] (2 of 2) [CW-2466/2025] The sole contention of the learned counsel for the petitioner, assailing the direction issued by the Tribunal vide order dated 27.09.2023, is that since the respondent No.1 is working as a cook, he is not eligible and entitled for promotion to the post of Clerk Grade-II. He, however, could not dispute that the petitioner- Department itself has extended promotion to the persons holding the post of Langri/Cook to the post of Junior Clerk on previous occasions as also that while allowing the appeal No.1462/1997: Shri Praveen Kumar versus Director General of Police, the Tribunal, vide its order dated 25.08.1999, issued a direction for promotion of the appellant-a Cook to the post of Clerk and SB Civil Writ Petition No.5864/1999: State of Rajasthan & Anr. versus Rajasthan Civil Services Appellate Tribunal & Anr. preferred thereagainst was dismissed by a coordinate Bench of this Court vide order dated 02.12.1999. In view of the aforesaid admitted factual and legal position, nothing survives for consideration of this Court in the instant writ petition. Resultantly, this civil writ petition is dismissed being devoid of merit. Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J Manish/26