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Rajasthan High Court – Jaipur
Director General Of Police vs Bhagwan Sahai Sharma S/O Sh. Ram Kishore … on 17 July, 2025
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
[2025:RJ-JP:26644]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2466/2025
Director General of Police, Headquarter, Rajasthan, Jaipur.
----Petitioner/Respondent
Versus
1. Bhagwan Sahai Sharma S/o Sh. Ram Kishore Sharma,
Aged 56 Years, R/o Gram Sadawali, Tehsil Baswar, District
Dausa Presently Posted As Class Iv Employee (Cook) At
Police Line, Dausa.
Respondent/Appellant
2. Naina Ram S/o Shri Shankar Lal, Lower Division Clerk,
GRP, Ajmer.
----Performa Respondent
For Petitioner(s) : Mr. Bhuwnesh Sharma, AAG with
Mr. Vishnu Dutt Sharma
Ms. Kavita Sharma
For Respondent(s) :
HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
17/07/2025
This writ petition under Article 227 of the Constitution of
India is directed against the order dated 27.09.2023 passed by
the Rajasthan Civil Services Appellate Tribunal, Jaipur (for brevity
“the Tribunal”) whereby, while accepting the Appeal No.293/2004
preferred by the respondent No.1, a direction has been issued to
consider his candidature for promotion to the post of Clerk Grade-
II as per his seniority list and in case, he is found suitable for the
promotion, to extend him this benefit with all consequential
benefits.
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[2025:RJ-JP:26644] (2 of 2) [CW-2466/2025]
The sole contention of the learned counsel for the petitioner,
assailing the direction issued by the Tribunal vide order dated
27.09.2023, is that since the respondent No.1 is working as a
cook, he is not eligible and entitled for promotion to the post of
Clerk Grade-II. He, however, could not dispute that the petitioner-
Department itself has extended promotion to the persons holding
the post of Langri/Cook to the post of Junior Clerk on previous
occasions as also that while allowing the appeal No.1462/1997:
Shri Praveen Kumar versus Director General of Police, the
Tribunal, vide its order dated 25.08.1999, issued a direction for
promotion of the appellant-a Cook to the post of Clerk and SB Civil
Writ Petition No.5864/1999: State of Rajasthan & Anr. versus
Rajasthan Civil Services Appellate Tribunal & Anr. preferred
thereagainst was dismissed by a coordinate Bench of this Court
vide order dated 02.12.1999.
In view of the aforesaid admitted factual and legal position,
nothing survives for consideration of this Court in the instant writ
petition.
Resultantly, this civil writ petition is dismissed being devoid
of merit. Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J
Manish/26
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