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Rajasthan High Court - Jaipur

The State Of Rajasthan Through Its ... vs Indraj Singh S/O Shri Richpal Singh on 28 August, 2018

Bench: Chief Justice, G R Moolchandani

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            D.B. Special Appeal Writ No. 829/2018

1.    The State Of Rajasthan Through Its Principle Secretary,
      Department    Of    Finance      (Rules),        Government   Of
      Rajasthan, Government Secretariat, Jaipur.
2.    The   Secretary    (Home),    Ministry      Of    Home   Affairs,
      Government    Of    Rajasthan,    Government         Secretariat,
      Jaipur.
3.    The Commandant, 5Th Bn. Rac, Jaipur, Rajasthan.
                                                         ----Appellants
                             Versus
1.    Indraj Singh S/o Shri Richpal Singh, Constable No. 437,
      Present Working At 5Th Bn. Rac, Jaipur.
2.    Lalit Kumar Son Of Shri Gopal Singh, Constable No. 658,
      Present Working At 5Th Bn. Rac, Jaipur.
3.    Chuttan Khan Son Of Shri Aseen Khan, Constable No.
      474, Present Working At 5Th Bn. Rac, Jaipur.
4.    Kailash Chand Son Of Shri Bal Chand, Constable No. 646,
      Present Working At 5Th Bn. Rac, Jaipur.
5.    Tara Chand Son Of Shri Mohan Lal, Constable No. 643,
      Present Working At 5Th Bn. Rac, Jaipur.
6.    Fakrudheen Ali Ahmed Khan Son Of Shri Abdul Gani,
      Constable No. 259, Present Working At 5Th Bn. Rac,
      Jaipur.
7.    Ram Prasad Son Of Shri Alfu Ram, Constable No. 270,
      Present Working At 5Th Bn. Rac, Jaipur.
8.    Bholu Ram Son Of Shri Kanhiya Lal, Constable No. 424,
      Present Working At 5Th Bn. Rac, Jaipur.
9.    Gaje Singh Son Of Shri Kishan Lal, Constable No. 611,
      Present Working At 5Th Bn. Rac, Jaipur.
10.   Hari Singh Son Of Shri Jhabar Mal, Constable No. 407,
      Present Working At 5Th Bn. Rac, Jaipur.
11.   Pawan Kumar Son Of Shri Kajor Mal, Constable No. 288,
      Present Working At 5Th Bn. Rac, Jaipur.
12.   Babu Lal Son Of Shri Sarwan Lal, Constable No. 988,
      Present Working At 5Th Bn. Rac, Jaipur.
13.   Visambher Dayal Son Of Shri Jagdish Prasad, Constable
                                (2 of 5)              [SAW-829/2018]


      No. 451, Present Working At 5Th Bn. Rac, Jaipur.
14.   Mahendra Kumar Saini Son Of Shri Ramnath Saini,
      Constable No. 832, Present Working At 5Th Bn. Rac,
      Jaipur.
15.   Shish Ram Son Of Shri Ram Ratan, Constable No. 911,
      Present Working At 5Th Bn. Rac, Jaipur.
16.   Ashok Kumar Son Of Shri Babu Lal, Constable No. 555,
      Present Working At 5Th Bn. Rac, Jaipur.
17.   Om Prakash Son Of Shri Jangli Ram, Constable No. 245,
      Present Working At 5Th Bn. Rac, Jaipur.
18.   Mohna Ram Son Of Shri Giga Ram, Constable No. 240,
      Present Working At 5Th Bn. Rac, Jaipur.
19.   Rameshwar Lal Son Of Shri Ram Jiwan, Constable No.
      883, Present Working At 5Th Bn. Rac, Jaipur.
20.   Mahaveer Prasad Son Of Shri Chotu Ram, Constable No.
      904, Present Working At 5Th Bn. Rac, Jaipur.
21.   Raja Ram Son Of Shri Hanuman Singh, Constable No.
      390, Present Working At 5Th Bn. Rac, Jaipur.
22.   Ishu Kha Son Of Shri Sule Kha, Constable No. 214,
      Present Working At 5Th Bn. Rac, Jaipur.
23.   Ram Singh Son Of Shri Mahadeva Ram, Constable No.
      858, Present Working At 5Th Bn. Rac, Jaipur.
24.   Ram Niwas Son Of Shri Rasmeshwar Lal, Constable No.
      672, Present Working At 5Th Bn. Rac, Jaipur.
25.   Amar Singh Son Of Shri Prithive Singh, Constable No.
      364, Present Working At 5Th Bn. Rac, Jaipur.
26.   Jhabar Singh Son Of Shri Sukha Ram, Constable No. 850,
      Present Working At 5Th Bn. Rac, Jaipur.
27.   Kamal Kishor Son Of Shri Ram Karan, Constable No. 291,
      Present Working At 5Th Bn. Rac, Jaipur.
28.   Durga Lal Saini Son Of Shri Ram Lal Saini, Constable No.
      396, Present Working At 5Th Bn. Rac, Jaipur.
29.   Bega Ram Son Of Shri Rameshwar Lal, Constable No.
      359, Present Working At 5Th Bn. Rac, Jaipur.
30.   Sardar Singh Son Of Shri Chatar Sal Singh, Constable No.
      492, Present Working At 5Th Bn. Rac, Jaipur.
31.   Nemi Chand Son Of Shri Phula Ram, Constable No. 612,
      Present Working At 5Th Bn. Rac, Jaipur.
                                    (3 of 5)            [SAW-829/2018]


32.     Vinod Kumar Son Of Shri Samda Ram, Constable No. 765,
        Present Working At 5Th Bn. Rac, Jaipur.
33.     Sita Ram Son Of Shri Sedu Ram, Constable No. 905,
        Present Working At 5Th Bn. Rac, Jaipur.
34.     Prkash Singh Son Of Shri Ranjeet Singh, Constable No.
        716, Present Working At 5Th Bn. Rac, Jaipur.
35.     Jhabar Mal Son Of Shri Hanuman Ram, Constable No.
        293, Present Working At 5Th Bn. Rac, Jaipur.
36.     Gajay Singh Son Of Shri Kalyan Singh, Constable No.
        891, Present Working At 5Th Bn. Rac, Jaipur.
37.     Kuldeep Singh Son Of Shri Laxman Singh, Constable No.
        1063, Present Working At 5Th Bn. Rac, Jaipur.
38.     Ramswaroop Son Of Shri Radha Kishan, Constable No.
        742, Present Working At 5Th Bn. Rac, Jaipur.
39.     Kanchan Kumar Ct No. 584 Son Of Shri Ram Saran,
        Present Working At 5Th Bn. Rac, Jaipur.
40.     Dhuji Lal Son Of Shri Toffan, Constable No. 596, Present
        Working At 5Th Bn. Rac, Jaipur.
41.     Ram Naryan Son Of Shri Moola Ram, Head Constable No.
        87, Present Working At 5Th Bn. Rac, Jaipur.
42.     Banwari Lal Son Of Shri Kalodmal, Constable No. 1027,
        Present Working At 5th Bn. Rac, Jaipur.
                                                   ----Respondents

For Appellant(s) : Mr. G.S. Gill, AAG with.

Ms. Soni Bajaj, Adv.

For Respondent(s) : Mr. Vishwash Saini, Adv.

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE G R MOOLCHANDANI Order 28/08/2018 D.B. Civil Misc. Application No.615/2018:

For the reasons mentioned in the application the delay in filing the appeal is condoned. The application is allowed.
(4 of 5) [SAW-829/2018] D.B. Special Appeal Writ No. 829/2018:
1. Heard learned counsel for the parties.
2. On the very first date of it being listed before the learned Single Judge writ petition filed by the respondents was disposed of on 20.12.2017 holding that the issues concluded when the learned Single Judge decided S.B.C.W.P. No.12014/2015 Manak Ram & Ors. Vs. State of Rajasthan & Ors. The learned Single Judge directed that the writ petitioners would make a representation to the State who would pass a reasoned order applying the law declared by the learned Single Judge in Manak Ram's case.
3. Issue concerns placement of police personnel in applicable pay scales on rendering 18 years service. The writ petitioners were Constables and were claiming right to be placed in the selection scales applicable to the post of Head Constable, Sub-Inspector and Inspector. The respondents were placing them in the grade of Head Constable, ASI and Sub-Inspector.
4. Concededly against the decision of the learned Single Judge in the writ petition filed by Manak Ram appeal has been preferred by the State. Interim order has been passed in the said appeal.
5. Learned counsel for the parties jointly state that the instant appeal may be disposed of directing that upon the appeal being decided by the Division Bench against the Single Judge decision in Manak Ram's case the view taken shall govern the rights of the respondents.
6. Ordered accordingly.
(5 of 5) [SAW-829/2018]
7. The appeal is disposed of recording the joint statement made.

(G R MOOLCHANDANI),J (PRADEEP NANDRAJOG),CJ N.Gandhi/Aks/-7 Powered by TCPDF (www.tcpdf.org)