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2021 Supreme(Raj) 144

DINESH MEHTA
Subhash Chandra S/o Arjun Ram – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Home Affairs, Government Of Rajasthan, Jaipur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. H.S. Sidhu, Mr. Harish Purohit, Mr. Mahaveer Bishnoi, Mr. Sushil Solanki, Mr. S.P. Sharma, Mr. Vikas Bijarnia, Mr. Jayram Saran, Mr. Vijay Bishnoi, Mr. Binja Ram, Mr. Jai Naveen, Mr. Khet Singh Rajpurohit, Mr. Deepak Nehra, Mr. Manish Kumar, Pitaliya, Mr. Jamta Ram, Mr. Tanwar Singh, Mr. J.S. Bhaleria, Mr. Rajpal Singh, Mr. Keshav Bhati, Mr. Hapu Ram, Mr. Pritam Solanki, Mr. Bhanwaru Ram, Mr. R.R. Bishnoi, Mr. Ramesh Kumar, Mr. Trilok Joshi,
For the Respondent: Mr. Manish Vyas, AAG with Mr. Kailash Choudhary

JUDGMENT :

(1) Instant writ petition and the writ petitions enlisted in the appended schedule, involve common questions of facts and law and hence, they are being decided conjointly. The facts are almost identical so much so, the order under challenge is also one, issued by the Director General of Police, Rajasthan, Jaipur on 05.08.2021.

(2) The seniority of police personnel, working on the post of Constable and Head Constable is maintained at district level, whereas seniority of Assistant Sub-Inspectors is maintained at range level. In other words, the posts of Constable and Head Constable are district cadre Posts and appointments/promotions to these posts are made on district level; their appointing authority is the Superintendent of Police of concerned district.

(3) Whereas, the post of Head Constable is filled-up 100% by way of promotion from amongst Constables on the basis of their seniority in the district.

(4) The post of Assistant Sub-Inspector is to be filled in 100% by promotion from Head Constables and the same is a range level post. Seniority of ASIs is maintained at range level.

(5) By way of present writ petitions, the petitioners herein, being Constable/Head Constable/Ass

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