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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
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 to accord promotion to the petitioner against the vacancy of the year 2012-2013, in which promotion has been denied their Team in connection with FIR No.441/2012 registered at Police Station Beawar City.
3. Any other relief which this Hon’ble Court deems just and proper in favour of the petitioner, may kindly be granted.
4. The cost of the writ petition may be allowed in favour of the Petitioner.”
2. The primary issue for consideration before this Court is that the petitioner is aggrieved of the denial of ‘Gallantry Promotion’ to him, as per the provisions of the Rajasthan Police Subordinate Service Rules, 1989.
3. The nitty-gritty of the matter as contended by the learned counsel appearing for the petition
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.
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....
Quashing of punishment has retrospective effect; employee gets promotion and financial benefits from juniors' promotion dates when delay due to employer's fault; 'no work no pay' inapplicable; incomp....
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