Disposed

State of Rajasthan v. Kamlesh Kumar S/O Shri Ramjilal Sharma

Rajasthan HC19 Oct 2022CW/11797/2022

Case brief

AI extract

What is this about?

In connected S.B. Civil Writ Petitions regarding promotion, the Court disposed of matters by following a prior decision in Krishna Kumar. It directed the State to form a High Level Committee to determine year-wise vacancies and complete promotions from Sub-Inspector to Inspector within six months.

What did the court decide?

Direction to constitute a High Level Committee to determine vacancies and complete promotions of Sub-Inspectors to Inspectors within six months.

State of Rajasthan Vs Kamlesh Kumar S/O… — Public Procurement and Tenders | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 11797/2022

¶3

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶4

Director General Of Police, Rajasthan, Jaipur.

¶5

----Petitioners

¶6

Versus

¶7

Kamlesh Kumar S/o Shri Ramjilal Sharma, Aged About 52 Years, Resident Of Village Sawas Police Station Manpur Dausa, Working As Sub Inspector, Police Station Jalupura, Jaipur.

¶8

----Respondent

¶9

Connected With

¶10

S.B. Civil Writ Petition No. 11799/2022

¶11

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶12

Director General Of Police, Rajasthan, Jaipur.

¶13

----Petitioners

¶14

Versus

¶15

Indraj Singh S/o Late Shri Phool Chand, Aged About 54 Years, Resident Of 19, Krishan Kunj, Khorabisal, Police Station Kardhani, Jaipur, Working As Sub-Inspector, Police Station Kardhani, Jaipur.

¶16

----Respondent

¶17

S.B. Civil Writ Petition No. 11801/2022

¶18

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶19

Director General Of Police, Rajasthan, Jaipur.

¶20

----Petitioners

¶21

Versus

¶22

Jagmal Saini S/o Shri Dulichand, Aged About 48 Years, Resident Of 115, Salsar Vatika-9, Jhotwara, Jaipur, Working As SubInspector, Police Station Mahila North, Jaipur.

----Respondent

(2 of 10)

[CW-11797/2022]

S.B. Civil Writ Petition No. 11804/2022

¶27

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶28

Director General Of Police, Rajasthan, Jaipur.

¶29

----Petitioners

¶30

Versus

¶31

Tejpal Saini S/o Late Shri Kajodiram, Aged About 52 Years, R/o Udani Ka Bagh, Bayana Road, Suroth, District Karauli, Working As Sub-Inspector, Police Station Kalwad, Jaipur.

¶32

----Respondent

¶33

S.B. Civil Writ Petition No. 11805/2022

¶34

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶35

Director General Of Police, Rajasthan, Jaipur.

¶36

----Petitioners

¶37

Versus

¶38

Devendra Prasad Son Of Shri Gokul Chand, Aged About 48 Years, Resident Of Village Nizra, Tehsil Neemaka Thana, District Sikar, Working As Sub-Inspector, Police Station Harmada, Jaipur City, Jaipur.

¶39

----Respondent

¶40

S.B. Civil Writ Petition No. 11806/2022

¶41

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶42

Director General Of Police, Rajasthan, Jaipur.

¶43

----Petitioners

¶44

Versus

¶45

Mahesh Chandra S/o Shri Suwa Lal Gurjar, Aged About 43 Years, Resident Of 36, Radhika Vihar Jamdoli Agra Road Jaipur, Working As Sub-Inspector, Office Of Dcp South, Jaipur.

¶46

----Respondent

¶47

S.B. Civil Writ Petition No. 11815/2022

¶48

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat,

(3 of 10)

[CW-11797/2022]

Jaipur.

Director General Of Police, Rajasthan, Jaipur.

¶53

----Petitioners

¶54

Versus

¶55

Rameshwar Dayal S/o Shri Laxman Prasad, Aged About 51 Years, R/o Village Gudha, Post Rampur, Tehsil Bansur, District Alwar, Working As Sub-Inspector, Police Station Karni Vihar, Police Commissinerate, Jaipur.

¶56

----Respondent

¶57

S.B. Civil Writ Petition No. 11824/2022

¶58

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶59

Director General Of Police, Rajasthan, Jaipur.

¶60

----Petitioners

¶61

Versus

¶62

Motilal Sharma S/o Shri Anandi Lal, Aged About 52 Years, Resident Of Bhuvneshwari, Vatika Vistar D, Sirsi Road Meenawala Jaipur, Working As Sub-Inspector, Police Station Bagru, District Jaipur.

¶63

----Respondent

¶64

S.B. Civil Writ Petition No. 11828/2022

¶65

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶66

Director General Of Police, Rajasthan, Jaipur.

¶67

----Petitioners

¶68

Versus

¶69

Santosh Kumar S/o Shri Bhagwan Sahai, Aged About 49 Years, R/o Plot No. 5 Cha6, Housing Board, Shastri Nagar, Jaipur, Working As Sub-Inspector, Police Station Boranda, Jodhpur.

¶70

----Respondent

¶71

S.B. Civil Writ Petition No. 11848/2022

¶72

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶73

Director General Of Police, Rajasthan, Jaipur.

(4 of 10)

[CW-11797/2022]

----Petitioners

Versus

Ram Prasad Sharma S/o Shri Munnalal Sharma, Aged About 57 Years, R/o 118, Laxmi Nagar, Gokulpura, Jaipur, Working As SubInspector, Police Station Rpa, Jaipur.

¶79

----Respondent

¶80

S.B. Civil Writ Petition No. 12001/2022

¶81

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶82

Director General Of Police, Rajasthan, Jaipur.

¶83

----Petitioners

¶84

Versus

¶85

Rameshwar Lal S/o Shri Girdhari Lal, Aged About 51 Years, R/o Village Chainpura, Post Bhimpur, Tehsil Dataramgarh, District Sikar, Working As Sub-Inspector, Police Station Mansarovar, Jaipur.

¶86

----Respondent

¶87

S.B. Civil Writ Petition No. 12248/2022

¶88

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Rajasthan, Secretariat, Jaipur.

¶89

Director General Of Police, Rajasthan, Jaipur.

¶90

----Petitioners

¶91

Versus

¶92

Mukesh Kumar S/o Late Shri Sundaram Sharma, Aged About 52 Years, R/o Vpo Bhabaru, Police Station Shahpura, Jaipur, Working As Sub-Inspector, Jodhpur Commissionerate, Jodhpur.

¶93

----Respondent

¶94

S.B. Civil Writ Petition No. 12249/2022

¶95

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Rajasthan, Secretariat, Jaipur.

¶96

Director General Of Police, Rajasthan, Jaipur.

----Petitioners

Versus

(5 of 10)

[CW-11797/2022]

Rajesh Kumar S/o Shri Chimna Ram, Aged About 49 Years, R/o Hansasar, Jhunjhunu, Working As Sub-Inspector, Police Station Vidhyadhar Nagar, Jaipur.

¶102

----Respondent

¶103

S.B. Civil Writ Petition No. 12261/2022

¶104

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Rajasthan, Secretariat, Jaipur.

¶105

Director General Of Police, Rajasthan, Jaipur.

¶106

Versus

¶107

Krishan Kumar Yadav S/o Shri Lal Singh, Aged About 46 Years, R/o Sihor, District Mahendragarh, Haryana, Working As SubInspector, Police Station Shipra Path, Mansarovar, Jaipur.

¶108

----Respondent

¶109

S.B. Civil Writ Petition No. 12264/2022

¶110

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Rajasthan, Secretariat, Jaipur.

¶111

Director General Of Police, Rajasthan, Jaipur.

¶112

----Petitioners

¶113

Versus

¶114

Smt Snehlata W/o Shri Paramjeet Singh D/o Shri Hari Singh, Aged About 52 Years, R/o C- 28 Hkm Nagar, Alwar, Working As Sub-Inspector, Police Station Discom, Alwar.

¶115

----Respondent

¶116

S.B. Civil Writ Petition No. 12266/2022

¶117

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Rajasthan, Secretariat, Jaipur.

¶118

Director General Of Police, Rajasthan, Jaipur.

¶119

----Petitioners

¶120

Versus

¶121

Banwari Lal Kumawat S/o Shri Laxmi Narain Kumawat, Aged About 47 Years, R/o Village Tigariya, Tehsil Chomu, District

¶122

(6 of 10)

¶123

[CW-11797/2022]

¶124

Jaipur, Working As Sub-Inspector, Cid Cb, Civil Rights, Jaipur.

¶125

----Respondent

¶126

S.B. Civil Writ Petition No. 12267/2022

¶127

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶128

Director General Of Police, Rajasthan, Jaipur.

¶129

----Petitioners

¶130

Versus

¶131

Anil Kumar S/o Late Shri Gyarsilal, Aged About 51 Years, R/o Railway Station Dable, Police Station Patan, District Sikar, Working As Sub-Inspector, Police Station Malpura Gate, Jaipur East, Jaipur.

¶132

----Respondent

¶133

S.B. Civil Writ Petition No. 12268/2022

¶134

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Rajasthan, Secretariat, Jaipur.

¶135

Director General Of Police, Rajasthan, Jaipur.

¶136

----Petitioners

¶137

Versus

¶138

Heera Lal S/o Shri Badri Lal Jat, Aged About 51 Years, R/o Jawapura, District Tonk, Working As Sub-Inspector, Police Station Sanganer, Jaipur.

¶139

----Respondent

¶140

S.B. Civil Writ Petition No. 12271/2022

¶141

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Rajasthan, Secretariat, Jaipur.

¶142

Director General Of Police, Rajasthan, Jaipur.

¶143

----Petitioners

¶144

Versus

¶145

Shesh Narayan S/o Shri Godilal, Aged About 57 Years, R/o Village Narpatiyawas, Jaipur, Working As Sub-Inspector, Cid Cb, Jaipur.

¶146

----Respondent

¶147

S.B. Civil Writ Petition No. 12273/2022

¶148

(7 of 10)

¶149

[CW-11797/2022]

¶150

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Rajasthan, Secretariat, Jaipur.

¶151

Director General Of Police, Rajasthan, Jaipur.

¶152

----Petitioners

¶153

Versus

¶154

Om Prakash Sharma S/o Shri Ramnath Sharma, Aged About 58 Years, R/o Village Anantpura Basda, Post Panditpura, Bandikui, District Dausa, Working As Sub-Inspector, Police Station Mahila South, Jaipur.

¶155

----Respondent

¶156

S.B. Civil Writ Petition No. 12274/2022

¶157

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Rajasthan, Secretariat, Jaipur.

¶158

Director General Of Police, Rajasthan, Jaipur.

¶159

Versus

¶160

Sukhveer Singh S/o Shri Kabool Singh, Aged About 57 Years, R/o 192, Ganesh Colony, Sanganer, Jaipur, Working As SubInspector Cmo, Jaipur.

¶161

S.B. Civil Writ Petition No. 12371/2022

¶162

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶163

Director General Of Police, Rajasthan, Jaipur.

¶164

----Petitioners

¶165

Versus

¶166

Dayaram Choudhary S/o Shri Kailash Chand Choudhary, Aged About 43 Years, R/o 26 A, Sitabari, Sanganer, Jaipur, Working As Sub-Inspector, Nagar Nigam, Jaipur.

¶167

----Respondent

¶168

S.B. Civil Writ Petition No. 12388/2022

¶169

State Of Rajasthan, Through Its Additional Chief

¶170

(8 of 10)

¶171

[CW-11797/2022]

¶172

Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶173

Director General Of Police, Rajasthan, Jaipur.

¶174

----Petitioners

¶175

Versus

¶176

Dharmendra Kumar S/o Shri Girvar Ram Sharma, Aged About 51 Years, R/o 14, Police Station Ramganj, Jaipur, Working As SubInspector, Police Station Adarsh Nagar, Jaipur.

¶177

----Respondent

¶178

S.B. Civil Writ Petition No. 12389/2022

¶179

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶180

Director General Of Police, Rajasthan, Jaipur.

¶181

----Petitioners

¶182

Versus

¶183

Bhanwar Singh S/o Shri Prahlad Singh, Aged About 51 Years, R/o 219 A, Shiv Nagar B, Murlipura, Jaipur, Working As SubInspector, Anti-Corruption Bureau, Jaipur.

¶184

----Respondent

¶185

S.B. Civil Writ Petition No. 12462/2022

¶186

State Of Rajasthan, Through Its Additional Chief Secretary, Home Department Rajasthan, Secretariat, Jaipur.

¶187

Director General Of Police, Rajasthan, Jaipur.

¶188

----Petitioners

¶189

Versus

¶190

Brijendra Bhardwaj S/o Late Shri Kedarnath Bhardwaj, Aged About 59 Years, R/o Kanti Sadan, Thandi Sadak, Nadiya Mohalla, Police Station Kotwali, Bharatpur, Working As Sub-Inspector, Police Station Bhankrota, Jaipur.

¶191

----Respondent

¶192

For Petitioner(s) : Mr. Rupin Kala, GC with Mr. Rakesh Swami For Respondent(s) : Mr. Ashok Bansal

¶193

(9 of 10)

¶194

[CW-11797/2022]

¶195

HON'BLE MR. JUSTICE INDERJEET SINGH

¶196

Order

¶197

19/10/2022

¶198

Learned counsel for both the parties are in agreement that the issue involved in these writ petitions has been considered and decided by this Court in the matter of State of Rajasthan & Ors. Vs. Krishna Kumar passed in S.B. C.W.P. No.5926/2022 along with 44 connected petitions decided on 27.09.2022 wherein it has been held as under:-

¶199

“43. In view of the above discussion, allowing or dismissing the writ petitions will not solve the problem which can affect the rights of the employees in the department and it will be injustice to them by not giving them promotion in the year from which they are entitled and that will affect their work performance also. The respondent-State is duty bound more particularly the police department to determine the year wise vacancies as per the procedure prescribed under the Rules and to hold promotional activities every year as mentioned in the Rules of 1989 and to hold the departmental written examination for promotion from the post of Constable to Head Constable and from Head Constable to ASI. As recorded above, the State Government has admitted its mistake in their additional affidavit filed before this Court on 16.04.2022 that some mistake has been committed in calculating the year wise vacancy then no option left with this Court except to direct the State Government to again determine the year wise vacancy, to hold the written examination every year and prepare the select list/approved list every year as per the Scheme of Rules of 1989. Now it shall determine the year wise vacancy as the officers of the department more particularly the Commissionerate of Jaipur has already failed in its duty to determine the year wise vacancy and complete the promotional exercise, therefore, under the facts and circumstances, I deem it just and proper to dispose of these writ petitions with the following directions :-

¶200

(10 of 10)

¶201

[CW-11797/2022]

¶202

(i) The Additional Chief Secretary (Home) is directed to constitute a High Level Committee of three members i.e. Secretary (Home), Secretary (DOP) & Additional Director General of Police (Recruitment)

¶203

(ii) The Committee so constituted shall determine the year wise vacancies for promotion from the post of Constable to Head Constable and from Head Constable to ASI and shall complete the promotion process strictly in accordance with the Rules of 1989.

¶204

(iii) In case of any difficulty in making the promotions the State Government is free to create superannuate posts in view of Rule 18 of RSR. (iv) The compliance be made within a period of six months.

¶205

(v) The orders passed by the Tribunal impugned in the respective petitions stand modified accordingly in the above terms.”

¶206

In that view of the matter, these writ petitions stand disposed of with the following directions:-

¶207

“(i) The Additional Chief Secretary (Home) is directed to constitute a High Level Committee of three members i.e. Secretary (Home), Secretary (DOP) & Additional Director General of Police (Recruitment)

¶208

(ii) The Committee so constituted shall determine the year wise vacancies for promotion from the post of Sub-Inspector to Inspector and shall complete the promotion process strictly in accordance with the Rules of 1989.

¶209

(iii) In case of any difficulty in making the promotions the State Government is free to create supernumerary posts in view of Rule 18 of RSR.

¶210

(iv) The compliance be made within a period of six months.

¶211

(v) The orders passed by the Tribunal impugned in the respective petitions stand modified accordingly in the above terms.”

¶212

(INDERJEET SINGH),J

¶213

AARZOO ARORA /280-307

State of Rajasthan v. Kamlesh Kumar S/O Shri Ramjilal Sharma

Case brief

What is this about?

What did the court decide?

State of Rajasthan v. Kamlesh Kumar S/O Shri Ramjilal Sharma

Case brief

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What did the court decide?

What the court decided

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