Bharat Lal Meena S/O Shri Meetha Lal Meena v. V.K. Gaur S/O. R.C. Sharma

Rajasthan HC19 Aug 2019WMAP/98/2019

Case brief

AI extract

What is this about?

The Division Bench disposed of three miscellaneous applications filed by the State of Rajasthan and individuals concerning promotion from Rajasthan Police Service (RPS) to Indian Police Service (IPS). The court noted a standstill in promotions due to earlier orders and directed the Single Judge to decide the underlying writ petition listing date without revisiting the final division bench orders i

What the court decided

AI extract

Bharat Lal Meena S/O Shri Meetha Lal Meena… — Pension and Retirement Benefits | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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(1) D.B. Writ Miscellaneous Application No. 178/2019 In

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D.B. Civil Review Petition No.217/2018

¶4

¶5

D.B. Civil Special Appeal (Writ) No.1487/2017

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Bharat Lal Meena Son of Shri Meetha Lal Meena, Aged About 54 Years, Resident of Village And Post Baglaie, Tehsil Wazirupur, District Sawai Madnopur (Rajasthan) Posted as IPS Commandant 11th Bn. RAC, New Delhi.

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----Non-Applicant Petitioner

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Versus

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V.k. Gaur S/o. R.C. Sharma, Aged About 62 Years, R/o. 21, Indralok Colony, Krishna Nagar, Mathura. the then Post Addl. S.P. CID (CB) Police Headquarters, Jaipur, Rajasthan.

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Non-applicant/Review respondent

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Union of India Through Secretary to the Govt. Ministry of Home Affairs, Government Of India, New Delhi.

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The Secretary, UPSC, Dholpur House, New Delhi.

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Sh. Surendra Kumar, I.P.S., Superintendent of Police, SOG, Jaipur.

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Sh. Om Prakash, IPS, Commandant 4th Battalion RAC, Jaipur.

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Sh. Bal Mukund Verma, AIGP (Training) PHQ, Jaipur. Non-applicant/review respondents

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The State of Rajasthan through Chief Secretary, Govt. of Rajasthan, Jaipur

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The Secretary, Department of Personnel, Government of Rajasthan, Jaipur

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The Additional Chief Secretary, Department of Home, Government of Rajasthan, Jaipur.

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----Applicants-review petitioners/Non-appellants/Respondents

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(2) D.B. Writ Miscellaneous Application No.98/2019

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D.B. Civil Review Petition No.217/2018 In

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D.B. Civil Special Appeal (Writ) No.1487/2017

(2 of 7)

[WMAP-178/2019]

S.B. Civil Writ Petition No.4154/2014

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Bharat Lal Meena Son of Shri Meetha Lal Meena, Aged-54 Years, R/o Village- and Post-Baglaie, Tehsil-Wazirupur, DistrictSawai Madnopur (Rajasthan) posted as IPS Commandant 11th Bn., RAC, New Delhi.

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----Review Respondent/Appellant/Respondent

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Versus

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V.k. Gaur S/o. R.C. Sharma, Aged About 62 Years, R/o. 21, Indralok Colony, Krishna Nagar, Mathura. the then Post Addl. S.P. CID (CB) Police Headquarters, Jaipur, Rajasthan.

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...Review Respondent/Non-Appellant/Petitioner

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Union of India Through Secretary to the Govt. Ministry of Home Affairs, Government Of India, New Delhi.

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The Secretary, UPSC, Dholpur House, New Delhi.

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Sh. Surendra Kumar, I.P.S., Superintendent of Police, SOG, Jaipur.

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Sh. Om Prakash, IPS, Commandant 4th Battalion RAC, Jaipur.

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Sh. Bal Mukund Verma, AIGP (Training) PHQ, Jaipur. ...Review Respondent/Respondents

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The State of Rajasthan through Chief Secretary, Govt. of Rajasthan, Jaipur

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The Secretary, Department of Personnel, Government of Rajasthan, Jaipur

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The Additional Chief Secretary, Department of Home, Government of Rajasthan, Jaipur.

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...Review Petitioner/Non-Appellants/Respondents

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(3) D.B. Writ Miscellaneous Application No.241/2019

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D.B. Civil Review Petition No.217/2018

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D.B. Civil Special Appeal (Writ) No.1487/2017

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S.B. Civil Writ Petition No.4154/2014

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Vineet Kumar Bansal S/o Dr. Radheyshyam Gupta, age about 46 years, R/o 33, Usha Colony, Malviya Nagar, Jaipur (Rajasthan)

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(3 of 7)

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[WMAP-178/2019]

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----Applicant (who was not party at any stage)

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Versus

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1.Union of India, through Secretary to the Government, Ministry of Home Affairs, Government of India, New Delhi.

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2.State of Rajasthan, through Chief Secretary, Govt. of Rajasthan, Jaipur.

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3.Secretary, U.P.S.C. Dholpur House, Shahjahan Road, New Delhi.

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4.Secretary, Department of Personnel, Government of Rajasthan, Jaipur.

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5.Additional Chief Secretary, Home Department, Government of Rajasthan, Jaipur.

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6.Shri Surendra Kumar, IPS, Superintendent of Police, SOG, Jaipur. (Now Retired)

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7.Shri Om Prakash, IPS, Commandant 4^th Bn. RAC, Jaipur, (Now Retired)

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8.Shri Bal Mukund Verma, A.I.G.P. (Training) PHQ, Jaipur. (Now Retired)

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9.Shri Bharat Lal Meena Son of Shri Meetha Lal Meena, aged about 54 years, Resident of Village and Post Baglaie, Tehsil Wazirpur, District Sawai Madhopur (Rajasthan) Posted as IPS commandant 11^th Bn. Rac, New Delhi.

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10.Shri V.K. Gaur S/o Shri R.C. Sharma, aged about 62 years, R/o 21, Indralok Colony, Krishna Nagar, Mathura. The Then Post Addl. S.P. C.I.D. (C.B.) Police Head Quarters, Jaipur, Rajasthan.

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----Non. Applicants

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For Petitioner(s)

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: Shri M.S. Singhvi, Advocate General assisted by Shri Sheentanshu

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(4 of 7)

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[WMAP-178/2019]

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Sharma, Shri Ajay Kumar Jain and Shri Tanveer Ahmed for applicants

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For Respondent(s)

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: Shri V.K. Gaur-review petitioner in person. Shri Shobhit Tiwari and Shri Amit Mathur for respondents.

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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19/08/2019

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These three applications have been filed with almost identical prayer. Application bearing no.178/19 has been filed by the State of Rajasthan. The State of Rajasthan has prayed that it may be permitted to proceed with promotion of the Members of Rajasthan Police Service (RPS) to Indian Police Service (IPS) on the basis of seniority list issued subsequent to 2013. Application no.98/2019 has been filed by Shantunu Kumar Singh Chandrawat. Prayer has been made therein to clarify the order dated 3.10.2018, making it clear that seniority list of the year 2016 or 2017 or 2018 may be considered for DPC for promotion from RPS to IPS as there is no dispute with regard to them. Application no.241/19 has been filed by Vineet Kumar Bansal. Prayer has been made in that application that appropriate directions be issued to carry out the promotion exercise from RPS to IPS cadre on the basis of seniority list dated 15.3.2013 and subsequently issued seniority lists, although promotion may be kept subject to outcome of the writ petition.

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The learned Single Judge by interim order passed on 30.1.2016 restrained the State authorities from including the name of respondent no.9 namely; Shri Bharat Lal Meena, in the list that is to be prepared for review DPC on the basis of revised

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(5 of 7)

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[WMAP-178/2019]

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seniority list dated 15.3.2013. When he filed the appeal against that order, the division bench vide its order dated 7.3.2018 clarified the order to the effect that revised seniority list under challenge in the writ petition would not be acted upon for consideration of the case for promotion of any candidate, which shall also include the respondent no.9-Bharat Lal Meena in the writ petition, but there would be no restrain on the official respondents to proceed for promotion based on seniority list earlier issued by them, which was not under challenge. The State of Rajasthan then filed review petition seeking review of that order. The division bench by order dated 3.10.2018 again reiterated that there is no restrain to make promotion on the basis of seniority list earlier to the seniority list of 15.3.2013, which would remain subject to outcome of the writ petition.

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The State then filed an application similar to the present one, which was disposed of by this Court vide order dated 15.3.2019 in the following terms:

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“In the facts and circumstances of the case and having regard to the willingness expressed by learned counsel for the parties to finally argue the matter before the learned Single Judge on that date and not to ask for any adjournment, we direct that S.B. Civil Writ petition No.4154/2015 titled V.K. Gaur vs. Union of India and others, be listed before the learned Single Judge on 3.4.2019.

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We request the learned Single Judge to decide the aforesaid writ petition on that date or any other date at the earliest, in the vicinity of that date, so as to give quietus to the matter.

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The miscellaneous application is accordingly disposed of.”

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Learned Advocate General and learned counsel for the applicants have submitted that owing to the judgement of this

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(6 of 7)

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[WMAP-178/2019]

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Court in Special Appeal and Review Petition, the entire exercise of promotion from RPS to IPS has come to a standstill. Therefore, it is submitted at least those, who have become due for promotion subsequently, should not be denied the right of consideration for promotion. Since there does not exist any seniority list earlier than 15.3.2013, at least those who become due for promotion in subsequent years, should not be made to suffer.

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The original writ petitioner Shri V.K. Gaur, present in person, has submitted that as against the cadre strength of 35, the respondents included 46 candidates in the seniority list, whereas the permission by the Finance Department was for creation of only 10 ex-cadre posts. Shri Bharat Lal Meena was the eleventh candidate. Therefore, the division bench rightly imposed that condition.

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Be that as it may, the fact remains that the appeal filed by the State of Rajasthan against the interim order of the learned Single Judge was dismissed with certain directions. Thereafter, the petition seeking review of that judgement filed by the State was also dismissed. Both the orders have attained finality with the State Government having chosen not to challenge them any further. Those orders cannot be revisited so as to issue different direction in the scope of misc. application seeking clarification, particularly when similar misc. application has already been dismissed earlier.

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Looking to the situation that has arisen on account of orders passed by this Court, particularly the fact that entire promotion exercise from RPS to IPS has come to a halt, the matter deserves to be heard and decided at an earlier date. The writ petitioner-Shri

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(7 of 7) [WMAP-178/2019]

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V.K. Gaur submitted that he has his written arguments ready to submit before the learned Single Judge. The learned Advocate General also submitted that he too has prepared his written arguments for being submitted before the learned Single Judge. The other learned counsel appearing for various applicants also have expressed willingness to submit their written arguments in advance. The Court is informed that the matter is listed before the learned Single Judge on 28^th of this month. Registry is directed to list the matters before the learned Single Judge.

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We again request the learned Single Judge to decide the writ petition on that date or on any other date in the vicinity thereof looking to the observations made above.

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All the three misc. applications are accordingly disposed of.

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(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J

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RS/9-11

Bharat Lal Meena S/O Shri Meetha Lal Meena v. V.K. Gaur S/O. R.C. Sharma

Case brief

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Bharat Lal Meena S/O Shri Meetha Lal Meena v. V.K. Gaur S/O. R.C. Sharma

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