Disposed

Subhash Chand Meena and Ors. v. State of Raj and Ors.

Rajasthan HC14 Mar 2018CW/4688/2018

Case brief

AI extract

What is this about?

Police constables working as Constable (Driver) sought benefit of second selection grade after 18 years of service. The court referred to a Division Bench decision (Shyoram & Anr.) regarding this benefit. The petition was disposed of by directing the petitioners to file a detailed representation, which the State was to decide by a reasoned order within six weeks.

What did the court decide?

Direction to file detailed representation with copy of Shyoram order; State to decide by reasoned order within six weeks.

Subhash Chand Meena and Ors. Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 4688/2018

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Subhash Chand Meena Son Of Shri Hari Kishan Meena, By Caste Meena, Aged About 46 Years, Resident Of Village Post Indpura, Tehsil Rajgarh, District Alwar (Raj.) (Belt No. 1540 )

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Krishan Kumar Son Of Shri Ram Pratap, Aged About 42 Years, Resident Of Nangli Munsi, Post Shahpur, Tehsil District Alwar (Raj.)

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Subhash Son Of Shri Surajmal, Aged About 42 Years, Resident Of Mohalla Kishangarhbas, Alwar, District Alwar (Raj.) (Belt No. 1529 )

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Shyam Singh Son Of Shri Kanhaiya Lal, Aged About 47 Years, Resident Of Village Post Mator, Tehsil Mundawar, District Alwar (Raj.), (Belt No. 1907) At Present Dayanand Nagar Colony, 60 Ft. Road, Alwar (Raj.)

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Banney Singh Son Of Shri Buddha Lal, Aged About 40 Years, Resident Of Village Post Kerawawal Tehsil Malakhera, District Alwar (Raj.) (Belt No. 1512) At Present Plot No. 27, Laxmi Nagar, Alwar (Raj.)

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Gori Shankar Son Of Shri Kanhaiya Lal, Resident Of Village Post Mator, Tehsil Mundawar, District Alwar (Raj.) (Belt No. 1250) At Present Ram Nagar Colony, 60Ft. Road, Alwar (Raj.)

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Balram Meena Son Of Shri Govind Sahay Meena, By Caste Meena, Aged About 43 Years, Resident Of Village Post Barla, Tehsil Rajgarh, District Alwar (Raj.) (Belt No. 1526)

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Hari Kishan Meena Son Of Shri Kanchan Ram Meena, By Caste Meena, Aged About 43 Years, Resident Of Village Nithari, Post Jatwara, District Alwar (Raj.) (Belt No. 1550)

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Pawan Kumar Son Of Shri Radheyshyam Verma, By Caste Verma, Aged About 42 Years, Resident Of Village Post Mundana, Tehsil Tijara, District Alwar (Raj.) (Belt No. 1903)

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Rajendra Prasad Son Of Shri Ramdev Jatav, By Caste Jatav, Aged About 45 Years, Resident Of Village Post Nangal Bavla, Tehsil Mundawar, District Alwar (Raj.) (Belt No. 1531)

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Hakamdeen Son Of Shri Mohammad Khan, Aged About 42

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(2 of 5)

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[CW-4688/2018]

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Years, Resident Of Village Post Karoli, Tehsil District Alwar (Raj.) (Belt No. 1534)

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----Petitioners

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Versus

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State Of Rajasthan Through Secretary Department Of Home, Govt. Secretariat, Jaipur (Raj.)

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Director General Of Police, Police Head Quarter, Lal Kothi, Tonk Road, Jaipur (Raj.)

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The Financial Advisor, Police Head Quarter, Lal Kothi, Tonk Road, Jaipur (Raj.)

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The Superintendent Of Police, Alwar, District Alwar (Rajasthan).

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----Respondents

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For Petitioner(s) : Mr. Parmanand Paliwal, Adv. For Respondent(s) : Dr. A.S. Khangarot, learned Addl. Advocate General.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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14/03/2018

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The petitioners are working on the post of Constable (Driver) in Civil Police Rajasthan, claiming the benefit of second selection grade on completion of 18 years of service on the post of subInspector. The learned counsel for the petitioners submits that in similar matter, the court has passed the following order on 3^rd January, 2018 in S.B. Civil Writ Petition No.24195/2017 , which reads as under:-

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“Mr. Sunil Kumar Saini, learned counsel for the petitioner submits that the controversy raised in the present writ petition has already been decided by the Division Bench in D.B. Civil Special Appeal (Writ) No.2056/2014 ‘The Home Secretary, Government of Rajasthan & Ors. Vs. Shyoram & Anr.’ and other connected special appeals decided on 02.07.2015. He also submits that the State had preferred the special

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(3 of 5)

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[CW-4688/2018]

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appeal in the Supreme court and the Supreme Court dismissed the special leave petition filed by the State. He further submits that after decision of the Division Bench, this court in S.B.Civil Writ Petition No.22240/2017 ‘Sivraj & Ors. Vs. State of Rajasthan & Ors.’ has disposed of the writ petitions in view of the decision of Division Bench. The Co-ordinate Bench has further directed to file representation before the competent authorities and the State authorities have been directed to consider and decide the representation by a reasoned and speaking order in accordance with law.

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3. Learned counsel submits that petitioner may also be granted same relief of filing a representation and time bound direction may be given to decide the representation.

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4. The Co-ordinate Bench in S.B.Civil Writ Petition No.22240/2017 ‘Sivraj & Ors. Vs. State of Rajasthan & Ors.’ (Supra) has passed following order:-

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“Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Division Bench in a batch of intra-court appeal lead case being D.B. Civil Special Appeal (Writ) Number 2056 of 2014: The Home Secretary, Government of Rajasthan & Ors. Versus Shyoram & Anr., decided on 2nd July, 2015, declining the intracourt appeals observing thus:

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“3. An interim order was passed by this Court on 27.02.2015, on the ground that against the judgment passed by the Division Bench in State of Rajasthan & Anr. Vs. Jagdish Prasad & Anr. (D.B. Civil Special Appeal(W) No.161/2012), the Supreme Court has granted an interim order in the contempt proceedings for implementation of the judgment of the Division Bench. This Court had passed the interim order on 27.02.2015, awaiting the orders, to be passed by the Supreme Court in the Civil Appeals.

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4. We are informed that Civil Appeal No.1766 of 2015- State of Rajasthan And Ors. Vs. Banney Khan, and other connected civil Appeals, have been dismissed by the Supreme Court on

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(4 of 5)

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[CW-4688/2018]

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12.05.2015, with the following order:-

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“We have heard learned counsel for the parties to the lis and carefully perused the material available on record.

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In our considered opinion, we do not find any infirmity in the impugned judgments and orders passed by the High Court. Accordingly, the Civil Appeals are dismissed.”

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5. With the dismissal of the Civil Appeals by the Hon'ble Supreme Court, the orders passed by learned Single Judge, as affirmed by the Division Bench, have been confirmed and have become final.

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6. The Special Appeals are, consequently, dismissed.

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7. A copy of the judgment will be placed in the connected files.”

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It is further contended that for the present; the petitioners would be satisfied, if the Staterespondents are directed to consider and decide the representation of the petitioners, within a time frame, in the backdrop of the settled legal position in the case of Shyoram & Anr. (supra), which has also been upheld by the Supreme Court declining SLP on 12th May, 2015; which they are ready and willing to address within two weeks hereinafter.

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In view of the limited prayer addressed; the instant writ proceedings are closed with a direction to the petitioners to address a comprehensive representation enclosing a copy of the order in the case of Shyoram & Anr. (supra).

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In case, a representation is so addressed within the aforesaid period, the State-respondents are directed to consider and decide the same by a reasoned and speaking order as expeditiously as possible in accordance with law. However, in no case later than three months from the date of receipt of the representation along with a certified copy of this order.

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With the observations and directions, as indicated above, the writ application stands disposed off.”

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(5 of 5)

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[CW-4688/2018]

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Learned counsel for the petitioners submits that this case also needs to be decided in light of the aforesaid order passed by this court.

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The present writ petition is decided with a direction to the petitioners to file detailed representation along with copy of the order in the case of The Home Secretary, Government of Rajasthan & Ors. Vs. Shyoram & Anr., D.B. Civil Special (Writ) No.2056/2014 decided on 2^nd July, 2015 . The representation so filed will be decided by the State-respondent/s, by a reasoned and speaking order within a period of six weeks in accordance with law.

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With the observations and directions, as indicated above, the writ petition stands disposed of.

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(ASHOK KUMAR GAUR),J

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A.Kumar/38

Subhash Chand Meena and Ors. v. State of Raj and Ors.

Case brief

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Subhash Chand Meena and Ors. v. State of Raj and Ors.

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