Rajasthan High Court - Jodhpur
Vijay Pal vs The State Of Rajasthan ... on 23 October, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:43530]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Writ Misc Application No. 347/2024
Vijay Pal S/o Shivpal Singh, Aged About 38 Years, R/o Seegra,
Jhunjhunu, Rajasthan At Present Working As Constable (Driver)
Under The Superintendent Of Bikaner, Bikaner, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Department
Of Home, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director General Of Police, Head Quarter, Jaipur.
3. Superintendent Of Police, Bikaner.
----Respondents
For Petitioner(s) : Mr. Sampat Prajapat.
For Respondent(s) : Mr. Rituraj Singh Bhati, GC assisted
by Mr. Raj Singh Bhati.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
23/10/2024
Heard.
An application has been filed for correction/modification of
the order dated 25.09.2024 passed by this court.
Learned counsel for the petitioner submits that the
controversy involved in the present case is squarely covered by a
judgment rendered by this court in S.B.Civil Writ Petition
No.6698/2003 (Om Prakash V/s State of Rajasthan & Ors.)
decided on 01.06.2007, whereas it has been decided by an order
passed by Jaipur Bench in Om Prakash & Ors. v/s State of
Rajasthan & Ors. : S.B.Civil Writ Petition No.21214/2017 dated
21.11.2017. Learned counsel, therefore, submits that the order
dated 25.09.2024 may be recalled and the writ petition may be
[2024:RJ-JD:43530] (2 of 3) [WMAP-347/2024]
decided in the light of judgment rendered in S.B.Civil Writ Petition
No.6698/2003 (Om Prakash V/s State of Raj. & Ors.) decided on
01.06.2007.
Learned counsel for the respondents is not in a position to
refute the submission made by learned counsel for the petitioner.
In view of the submissions made before this court, the
application is allowed. The order dated 25.09.2024 passed by this
court is recalled and the writ petition is disposed of in the
following terms:-
"It is submitted by learned counsel for the
parties that the controversy involved in the present
case is squarely covered by a judgment rendered by
a coordinate bench of this court in S.B.Civil Writ
Petition No.6698/2023 (Om Prakash V/s State
of Raj. & Ors.) decided on 01.06.2007. The
operative part of said judgment reads as under:-
"From perusal of the order dated 27.12.2002, it
is apparent that the members of Civil Police to
whom MT Allowance was sanction after
application of Rajasthan Police Subordinate
Service Rules, 1989 shall not be entitled for
selection grades in MT Cadre. The respondents
by the order dated 30.10.2003 withdrew the
selection grades granted to the petitioner by
treating him a person employed in Civil Police
Wing. While doing so the respondents have not
taken into consideration the order dated
26.07.2001 whereby the petitioner was
absorbed in MT (Technical) Cadre from the date
of his initial appointment. After absorption in MT
(Technical) Cadre the petitioner cannot be
treated as person belonging to Civil Police Wing.
In view of it, the respondents wrongly applied
the order dated 27.12.2002 upon the petitioner.
The order dated 30.10.2003, therefore, is
erogenous.
[2024:RJ-JD:43530] (3 of 3) [WMAP-347/2024]
Accordingly, this petition for writ is allowed.
The order dated 30.10.2003 is quashed and the
petitioner is declared entitled to continue in the
selection grade i.e. Rs.5500-9000. No order as
to cost".
Learned counsel for the parties are in agreement
that the appeal being D.B. Special Appeal (Writ)
No.1148/2008 filed in the case of Om Prakash
(supra) has also been dismissed by the Division
Bench of this court vide judgment dated 05.12.2016.
In view of the submission made before this court,
the present writ petition is also allowed in terms of the
order passed in the case of Om Prakash (Supra)".
(VINIT KUMAR MATHUR),J
469-Anil Singh/-
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