Rajasthan High Court - Jodhpur
Tribhuvan Singh Chouhan vs The State Of Rajasthan ... on 17 October, 2025
[2025:RJ-JD:46095]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 20545/2025
Tribhuvan Singh Chouhan S/o Shri Bhanwar Singh Chouhan,
Aged About 57 Years, R/o 57-A, Opposite Shiv Temple, Sindhi
Dharamshala, Subhash Chowk, Ratanada, Jodhpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Home, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Diretor General, Civil Defence And Commandant
General, Home Guards, Rajasthan, Jaipur.
3. District Commandant, Home Guards, Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Udit Mathur for
Mr. Ankur Mathur
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
17/10/2025
1. The learned counsel for the parties are ad idem that the
issue raised in the present writ petition is squarely covered by the
order dated 18.09.2024 passed by the co-ordinate Bench of this
Court in S.B. Civil Writ Petition No. 15251/2024 (Rafiq
Mohammad Vs. The State of Rajasthan & Ors.) wherein, the
co-ordinate Bench of this Court has passed the following order:-
"1. This writ petition has been preferred with the
following prayers:
"1. Issue a writ of mandamus, or any other
appropriate writ, order, or direction to the
respondents, directing them to consider and grant
an extension of the petitioner's service in the Home
Guard, beyond the prescribed retirement date of
31.08.2024 until the age of 60.
2. Quash and set aside the discharge order dated
03.09.2024 (Annx.5) and any other related orders,
to the extent they mandate retirement solely based
on age.
(Uploaded on 17/10/2025 at 04:25:21 PM)
[2025:RJ-JD:46095] (2 of 2) [CW-20545/2025]
3. Pass any other orders or directions as deemed fit
and proper in the interest of justice.
2. It is relevant to mention that in judgment dated
27.03.2017 passed in SBCWP No.1508/2015 & other
writ petitions, this Hon'ble High Court directed as under
:-
"Accordingly, the above mentioned writ petitions
are disposed of as under :-
A. No mandamus can be issued to the State to
extend the services of the Home Guards Volunteers
from 55 to 60 years.
B. The appropriate authority shall formulate fresh
policy / scheme in furtherance of proviso to Rule 9
of the Rajasthan Home Guard Rules, 1962 for
extending their services beyond the age of 55
years in 'reasonable cases' by laying down the
conditions afresh in clear terms keeping in mind
the observations made above. The needful be done
within a reasonable period of at least six months.
C. Till as such time the fresh policy/ scheme to the
said effects formulated, the authority concerned
shall exercise the powers of relaxation strictly in
terms of the Circular dated 21.07.2010."
3. Learned counsel for the petitioner submits that the
case of the petitioner may be considered afresh in
terms of the policy to be decided by the respondents in
lieu of para B as quoted from the aforesaid judgment.
4. In light of the aforesaid observations, the present
writ petition is disposed of with the direction to the
respondent to consider the case of the petitioner
strictly in accordance with the aforesaid judgment and
the compliance made in lieu thereof by the
respondent."
2. In light of the above, the present writ petition is also
disposed of in the same terms as in the case of Rafiq
Mohammad (supra).
3. All the pending applications, if any, stand disposed of.
(MUNNURI LAXMAN),J
204-BhumikaP/-
(Uploaded on 17/10/2025 at 04:25:21 PM)
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