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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Jagdish S/o Shri Ramniwas – Appellant
Versus
State Of Rajasthan, Through The Secretary, Department Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. petition filed for gallantry promotion. (Para 1 , 2) |
| 2. details of petitioner’s police service and incident. (Para 3 , 4 , 5) |
| 3. recommendations for promotion based on outstanding work. (Para 6 , 7) |
| 4. citations of relevant legal precedents. (Para 8) |
| 5. respondents argue for dismissal due to delay and lack of statutory remedy. (Para 9 , 10 , 11 , 12 , 13 , 14 , 16) |
| 6. writ petition’s delay and discretionary jurisdiction considerations. (Para 18 , 19 , 21) |
| 7. assessment of considerable delay and lack of merit. (Para 20 , 22) |
| 8. promotion is discretionary; no fundamental right. (Para 24 , 25 , 26 , 27) |
| 9. writ petition dismissed based on findings. (Para 29) |
| 10. final decision rendered. (Para 30) |
JUDGMENT :
SAMEER JAIN, J.
1. The present petition is filed with the following prayers:
“1. The respondents may be directed to consider and grant gallantry promotion to the petitioner on the post of Head Constable as per the recommendations made by Superintendent of Police, Ajmer vide Letter dated 09.10.2012 and Inspector General of Police Ajmer, Range Ajmer vide Letter dated 08.01.2014 as per the Rule 28 (a) of Rajasthan Police Subordinate Rules 1989.
2. The respondents may be directed
Promotion rights under the Rajasthan Police Subordinate Service Rules are discretionary and not automatic; delay in seeking judicial relief may bar the petitioner's claims.
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
Denial of out of turn promotion to team leader in gallantry encounter, while granting to subordinates without reasoned distinction, is arbitrary and violates Articles 14/16; reconsideration mandated ....
The court emphasized that the delay in filing a review petition can be condoned if a sufficient cause is shown, and reiterated that promotions must comply with eligibility criteria to avoid perpetuat....
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