Rajasthan High Court – Jaipur
Mohan Lal Meena Son Of Shri Dhan Singh … vs State Of Rajasthan (2026:Rj-Jp:14732) on 8 April, 2026
[2026:RJ-JP:14732]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5143/2026
1. Mohan Lal Meena Son Of Shri Dhan Singh Meena, Aged
About 49 Years, Resident Of Village Kakrali Jat, Post
Kherli Saiyad, Via Mia, District Alwar (Raj.). Presently
Posted As Constable Driver, Belt No. 1583, At Reserve
Police Line, Jaipur Rural.
2. Dharmendra Kumar Meena Son Of Shri Ramniwas Meena,
Aged About 47 Years, Resident Of Village Kalla Was, Tehsil
Latsot, District Dausa, (Raj.). Presently Posted As Head
Constable Driver, Belt No. 103, At Reserve Police Line,
Dausa.
3. Nand Kishor Son Of Shri Ramsawroop, Aged About 53
Years, Resident Of Village Amarpur, Tehsil Laxmangarh,
District Alwar, (Raj.). Presently Posted As Head Constable
Driver, Belt No. 682/106, At Office Of S.p. A.t.s./a.n.t.f.,
Ghatgate, Jaipur.
4. Ramkaran Singh Son Of Shri Lallu Singh, Aged About 51
Years, Resident Of Village Barkhera Faujdar, Po
Khakawali, District Bharatpur (Raj.). Presently Posted As
Constable Driver, Belt No. 426, At Reserve Police Line,
Dausa.
5. Nahar Singh Son Of Shri Tuhiram Singh, Aged About 50
Years, Resident Of Village Lakhanpur, Tehsil Nadbai,
District Bharatpur (Raj.). Presently Posted As Constable
Driver, Belt No. 424, At Reserve Police Line, Dausa.
6. Sumarat Lal Son Of Shri Ramji Lal, Aged About 54 Years,
Resident Of Village Itamada, Post Chintoli, District
Bharatpur (Raj.). Presently Posted As Constable Driver,
Belt No. 447, At Reserve Police Line, Dausa.
7. Jore Khan Son Of Shri Ajmat Khan, Aged About 51 Years,
Resident Of Village Badka (Nadka) Narka, District Alwar
(Raj.). Presently Posted As Constable Driver, Belt No.
1077, At Reserve Police Line, Dausa.
8. Badan Singh Son Of Shri Mahendra Singh, Aged About 50
Years, Resident Of Village Aroda, Post Hantra, Tehsil
Nadbai, District Bharatpur (Raj.). Presently Posted As
Constable Driver, Belt No. 576, At Reserve Police Line,
Dausa.
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9. Jai Singh Son Of Shri Khali Ram, Aged About 56 Years,
Resident Of Village Jindoli, Tehsil Mundawar, District
Alwar, At Present Police District Bhiwadi (Raj.). Presently
Posted As Constable Driver, Belt No. 1081, At Reserve
Police Line, Dausa.
10. Devendra Singh Yadav Son Of Shri Sangram Singh Yadav,
Aged About 49 Years, Resident Of Shimla House, Shakti
Vihar, Kotputali, District Kotputali Behror (Raj.). Presently
Posted As Constable Driver, Belt No. 1054, At Reserve
Police Line, Kotputali Behror.
11. Ashok Kumar Son Of Shri Abhay Singh, Aged About 51
Years, Resident Of Village Bijorawas, Post Nangal Khoria,
Tehsil Behror, District Kotputali Behror (Raj.). Presently
Posted As Constable Driver, Belt No. 1049, At Reserve
Police Line, Kotputali Behror.
12. Mahendra Kumar Son Of Shri Leela Ram, Aged About 51
Years, Resident Of Village Tapri, Post Molahera, District
Kotputali Behror (Raj.). Presently Posted As Constable
Driver, Belt No. 1062, At Reserve Police Line, Kotputali
Behror.
13. Shish Ram Son Of Shri Hans Ram, Aged About 54 Years,
Resident Of House No. 14, Saroj Nagar, Niwaroo, Jaipur
(Raj.). Presently Posted As Constable Driver, Belt No.
5645, At Reserve Police Line, Jaipur.
----Petitioners
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, (Raj.).
3. Director General Of Police, Rajasthan, Police Head
Quarter, Jaipur, (Raj.).
4. Commissioner Of Police, Commissionerate, Jaipur.
5. Superintendent Of Police, Jaipur Rural (Raj.).
6. Superintendent Of Police, Dausa (Raj.).
7. Superintendent Of Police, A.t.s./a.n.t.f., Ghatgate, Jaipur.
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(Raj.).
8. Superintendent Of Police, Kotputali Behror (Raj.).
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Saini
For Respondent(s) : Mr. Kartikeya Shukla, for
Mr. Bhuwnesh Sharma, AAG
HON'BLE MR. JUSTICE RAVI CHIRANIA
Order
08/04/2026
1. In terms of the order dated 23.02.2026 passed by the Co-
ordinate Bench of this Court, the petitioner is directed to serve a
copy of the writ petition in the Office of Mr. Bhuwnesh Sharma,
learned AAG, who represents the respondents.
2. Today, Mr. Kartikeya Shukla, learned counsel appeared on
the behalf of Mr. Bhuwnesh Sharma, learned AAG, submitted that
the issue involved in the present case, is not similar to the one
decided by the Co-ordinate Bench of this Court in S.B. Civil Writ
Petition No.5697/2025 titled as ‘Bhagwan Singh Yadav vs.
State of Rajasthan & Ors.’
3. While deciding the issue, vide order dated 22.04.2025, the
Co-ordinate Bench in Bhagwan Singh Yadav (supra) passed
the following order:-
“1. With consent of learned counsel for both the parties, the writ
petition has been heard finally on merits.
2. Petitioner, by means of filing instant writ petition, has raised a
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 Driver. It has been pointed out that petitioner belongs to
M.T. Cadre and since promotional post of ASI from Head Constable
is not available, petitioner is eligible and entitled to get selection
scale on next promotional post i.e. Sub-Inspector.
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3. Counsel for the petitioner submits that the issue raised by the
petitioner in the instant writ petition has been answered positively,
by the 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
Apex Court in Civil Appeal No.1766/2015 on 12.05.2015. The
relevant paras of the Judgment of Coordinate Bench dated
20.12.2023 reads 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 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 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(Uploaded on 15/04/2026 at 02:37:44 PM)
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[2026:RJ-JP:14732] (5 of 5) [CW-5143/2026]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.”
4. Learned Additional Advocate General, Mr. Bhuwnesh Sharma,
appearing for and on behalf of the State, does not dispute that the
issue raised by petitioner 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 petitioner is also
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. 7. Stay applications and other pending application(s), if
any, stand disposed of.”
3. In view thereof and with the consent of learned counsel for
both the parties, the present writ petition is allowed in terms of
the order passed by the Co-ordinate Bench of this Court in the
case of Bhagwan Singh Yadav (supra).
(RAVI CHIRANIA),J
10 – RAVI KHANDELWAL
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