Disposed

The State of Rajasthan v. Mukesh Kumar Meena S/O Madiya Ram Meena

Rajasthan HC11 Nov 2022CW/11802/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding police promotions by repeating directions previously issued in a connected matter. The court directed the Additional Chief Secretary (Home) to constitute a committee to determine vacancies for specific promotions and submit reports within six months.

What did the court decide?

Directions to constitute a High Level Committee to determine vacancies for promotion from Sub-Inspector to Inspector and complete the process within six months.

The State of Rajasthan Vs Mukesh Kumar… — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 11802/2022

¶4

The State Of Rajasthan, Through Its Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur.

¶5

The Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur.

¶6

The Director General Of Police, Police Headquarters, Lalkothi, District Jaipur, Rajasthan.

¶7

The Superintendent Of Police, District Dausa, Rajasthan.

¶8

----Petitioners

¶9

Versus

¶10

Mukesh Kumar Meena S/o Madiya Ram Meena, R/o Gram Post Adalwarakalan, Tehsil Chouth Ka Barwara, District Sawaimadhopur, Rajasthan. (Sub Inspector, Rajasthan Police Posted At Shivdaspura, District Jaipur, Rajasthan.)

¶11

----Respondent

¶12

For Petitioner(s) : Mr. Rupin Kala, GC For Respondent(s) : Mr. Madan Mohan Mehrishi

¶13

HON'BLE MR. JUSTICE INDERJEET SINGH

¶14

Order

¶15

11/11/2022

¶16

Counsel for the parties are in agreement that the issues involved in this writ petition has already been considered and decided by this Court in the matter of State of Rajasthan & Ors. Vs. Krishna Kumar (S.B. Civil Writ Petition No.5926/2022) along with other connected matters on 27.09.2022, where in para No.43, it has been held as under:-

¶17

“43. In view of the above discussion, allowing or dismissing the writ petitions will not solve the problem which can affect the

¶18

(2 of 3)

¶19

[CW-11802/2022]

¶20

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 :-

¶21

(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)

¶22

(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.

¶23

(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.

¶24

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

¶25

(3 of 3)

¶26

[CW-11802/2022]

¶27

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

¶28

In that view of the matter, the present writ petition stands

¶29

disposed of with the following directions:-

¶30

¶31

(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.

¶32

(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.

¶33

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

¶34

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

¶35

(INDERJEET SINGH),J

¶36

Upendra Pratap Singh /218

The State of Rajasthan v. Mukesh Kumar Meena S/O Madiya Ram Meena

Case brief

What is this about?

What did the court decide?

The State of Rajasthan v. Mukesh Kumar Meena S/O Madiya Ram Meena

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vikas Kumar Meena S/O Sh. Parmanand Meena Vs State of Rajasthan

Man Mohan Singh S/O Sh. Sohan Lal Vs Chairman Cum Chief Managing Director

The Station Manager Indian Air Vs Kumari Chandra Alwani and Anr.

Manoj Kumar S/O Harisingh Vs State of Rajasthan

Shyam Gopal Tank Son of Late Shri Jagannath Tank Vs State of Rajasthan

Rahul Jain S/O Gopal Lal Jain Vs State of Rajasthan