Rajasthan High Court - Jaipur
Shiv Narayan Choudhary vs State Of Raj And Ors on 26 April, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 4486 / 2017
Shiv Narayan Choudhary Son of Shri Ram Karan Choudhary, Aged
About 58 Years, Opposite Police Station Niwai District Tonk (Raj.)
Posted At Present Police Station Niwai District, Tonk As a
Constable (M.T.) Driver Belt No. 456.
----Petitioner
Versus
1. State of Rajasthan Through Secretary Department of Home
Affairs Government of Rajasthan, Secretariat, Jaipur
2. Deputy Inspector General Police Headquarter Rajasthan,, Jaipur
3. Superintendent of Police,, Tonk.
----Respondents
Connected With S.B. Civil Writ Petition No. 11781 / 2015 Ram Karan Son of Shri Birdhi Lal, Aged About 54 Years, KR-19, City Police Line, Kota At Present Posted As (mounted) Constable Technical Police Line, Kota.
----Petitioner Versus
1. State of Rajasthan Through Secretary Department of Home Affairs,, Government of Rajasthan Secretariat, Jaipur.
2. Deputy Inspector General Police Headquarter, Rajasthan, Jaipur.
3. Superintendent of Police,, Kota City, Kota.
----Respondents S.B. Civil Writ Petition No. 9456 / 2016 Hariraj Singh S/o Late Shri Anar Singh B/c Rajput, Aged About 62 Years, Plot No.12, Friends Colony, Gramin Police Line Road, Borkheda, Kota Retired As M.T. Driver, Kota
----Petitioner Versus
1. State of Rajasthan Through Secretary Department of Home Affairs Government of Rajasthan, Secretariat, Jaipur
2. Deputy Inspector General Police Headquarter Rajasthan,, Jaipur (2 of 4) [ CW-4486/2017]
3. Superintendent of Police, Kota City, Kota
----Respondents S.B. Civil Writ Petition No. 17680 / 2016 Om Prakash Son of Shri Phool Chand Gurjar, Aged About 47 Years, Bamor Darwaja, Old Tonk City, Posted At Present Police Line, Tonk As a Constable (M.T.) Driver Belt No. 537
----Petitioner Versus
1. State of Rajasthan Through Secretary Department of Home Affairs, Government of Rajasthan, Secretariat, Jaipur
2. Deputy Inspector General Police, Headquarter Rajasthan, Jaipur
3. Superintendent of Police, Tonk
----Respondents S.B. Civil Writ Petition No. 17786 / 2016 Rajaram Meena Son of Shri Ladhu Lal, Aged About 54 Years, Village Arnia Mal, Post Sonva Tehsil and District Tonk Posted At Present Police Line, Tonk As a Constable (M.T.) Driver Belt No.
412.
----Petitioner Versus
1. State of Rajasthan Through Secretary, Department of Home Affairs, Government of Rajasthan Secretariat, Jaipur
2. Deputy Inspector General Police, Headquarter Rajasthan, Jaipur
3. Superintendent of Police, Tonk
----Respondents S.B. Civil Writ Petition No. 1136 / 2017 Rishiraj Singh Son of Dhoor Singh B/c Rajput, Aged About 45 Years, Village Tulsipura Tehsil Kotputli District Jaipur Posted At Present Police Line, Tonk As a Constable (M.T.) Driver Belt No.
754.
----Petitioner Versus
1. State of Rajasthan Through Secretary , Department of Home (3 of 4) [ CW-4486/2017] Affairs, Government of Rajasthan, Secretariat, Jaipur.
2. Deputy Inspector General Police Headquarter, Rajasthan, Jaipur.
3. Superintendent of Police,, Tonk.
----Respondents _____________________________________________________ For Petitioner(s) : Mr. N. Quazi For Respondent(s) : Dr. A.S. Khangaroat, Addl.G.C. _____________________________________________________ HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 26/04/2017 The facts in the instant batch of writ applications are identical, but for that in the case of Ram Karan, who was holding the post of Mounted Constable.
Learned counsel for the parties are not in dispute that the controversy raised in the instant batch of writ applications stands resolved in view of the adjudication by a Coordinate Bench of this Court in the case of Ramesh Singh Versus State of Rajasthan & Ors.: S.B. Civil Writ Petition No.8253/2010 and three other connected matters, decided on 12th August, 2011, relying upon the opinion of another Coordinate Bench of this Court, at Principal Seat, Jodhpur, in the case of Om Prakash Versus State of Rajasthan & Ors.:S.B. Civil Writ Petition No.6698/2003, decided on 1st June, 2007.
Undeniably, intra-court appeal was unsuccessfully instituted by the State on the identical issue being D.B. Civil Special Appeal (Writ) No.763/2011: State of Rajasthan & Ors. Versus Banney (4 of 4) [ CW-4486/2017] Khan, decided on 2nd August, 2011. Further, Civil Appeal No.1766/2015, has also been declined by the Apex Court of the land.
In view of the above, the instant batch of writ applications stands allowed with a direction to the respondents to consider the case of the petitioners for grant of third selection grade treating their services under Ante Branch, if nothing adverse exists in their service record. The petitioners would also be entitled to the consequential benefits.
Stay application(s) stands closed.
(VEERENDR SINGH SIRADHANA)J. SS/79-84