Durga Lal S/O Shri Ladu Ram Vs State of Rajasthan

“It is, therefore, humbly prayed that your Lordships may graciously be pleased to accept and allow this writ petition with costs and further be pleased to direct the respondents to the following effect:

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a. Issue an appropriate writ order or direction, therein directing the respondents to grant grade pay of Rs.4200/- (i.e. Promotional post of SubInspector) to the Petitioners from their respective dated of completion of 18 years of service and revise the pay of petitioners accordingly and also pay arrears thereof with interest @ 18% p.a.

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b. Issue an appropriate writ order or direction, therein directing the respondents to give same benefit as given in the case of Amar Singh & Ors. V. State of Rajasthan (SBCWP No.3873/2019) decided on 20.12.2023 by the Hon’ble High Court, Jodhpur (Annex.3) and Anand Kumar Meena v State of Rajasthan & Ors. [S.B.C.W.P. No.16540/2024] decided on 25.10.2024 by this Hon’ble Court (Annex.6).

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c. Any other order or direction which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioners.

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d. Cost of the writ petition be also awarded in favour of the petitioners.”

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Mr. Parth Sharma, Adv. for Mr. Bhuvnesh Sharma, AAG appeared on behalf of the respondents and accepted notices.

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Both the learned counsel are in agreement that the controversy involved in this writ petition is covered by judgment dated 20.12.2023 passed by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur in S.B. Civil Writ Petition No.3873/2019 ( Amar Singh & Ors. Vs. State of Rajasthan & Ors. ), wherein following directions were given:-

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“11.This Court also observes that the petitioners were appointed on the post in question as M.T. Cadre and thereafter, their next promotional post

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[2026:RJ-JP:5095]

[CW-2061/2026]

was Head Constable and then Sub-Inspector as per the M.T. Cadre, and therefore it is clear that the petitioners are eligible for pay scale of the next promotional post, but the said benefit was denied by the respondents, which is not justified in law.

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12.This Court further observes that the petitioners at the completion of 9 years of regular services, were granted the pay scale of the next promotional post, but thereafter, on completion of 18 years of the services, the respondents did not grant them the benefits of the next promotional post, which impugned action is not sustainable in the eye of law, because the respondents at the first instance i.e. completion of 9 years of services considered the petitioners for next promotional pay scale as per the M.T. Cadre, but at the same time, denied them the same benefit on completion of 18 years of service.

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13.This Court also observes that the impugned action of denial of grant of the pay scale of the next promotional post to the petitioners by the respondents and granting the petitioners the pay scale of different Cadre i.e. Assistant Sub inspector is not permissible in the eye of the law.

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Thus, in light of the above observations and afore-quoted precedent laws as well as looking into the factual matrix of the present case, the present petition is allowed and the impugned order dated 10.12.2018 is quashed and set-aside, while directing the respondents to grant to the petitioners the pay scale benefits of the next promotional post as per the M.T. Cadre i.e. Sub-Inspector from the date the petitioners became eligible therefor. All pending applications stand disposed of.”

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In view of the consensus arrived at between the counsel for the parties, the present writ petition is also disposed of in the light of judgment of Amar Singh (Supra) and petitioner shall also be entitled for similar benefits as granted in the case of

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Amar Singh (Supra) .

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Pending application(s), if any, stand(s) disposed of.

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(ANAND SHARMA),J

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Jatin /75

Durga Lal S/O Shri Ladu Ram v. State of Rajasthan

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Durga Lal S/O Shri Ladu Ram v. State of Rajasthan

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