[2026:RJ-JP:498]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9501/2005 Sh. Manohar Lal Kukad, aged 51 years, S/o Sh. Deshraj Kukad, at present Circle Inspector, Police Department, (ACD) Sikar.

----Petitioner Versus

1. The State Of Rajasthan, through the Secretary, Home Department, Government of Rajasthan, Secretariat, Jaipur.

2. The Director General of Police, Jalebi Chowk, Jaipur.

----Respondents For Petitioner(s) : Mr. Rahul Kamwar with Mr. Shubham Rohila For Respondent(s) : Mr. Somitra Chaturvedi, Dy.G.C.

HON'BLE MR. JUSTICE ANAND SHARMA

Order

08/01/2026

1. Petitioner has approached this Court by way of filing a writ under Article 226 of the Constitution of India for seeking a direction against the respondents to grant him benefit of out of turn promotion under the provisions of Rajasthan Police Subordinate Service Rules, 1989 (hereinafter to be referred as 'Rule of 1989') on account of undertaking exceptional and commendable work of arresting the accused of inter-State gang of thieves and murderers. It is submitted by the counsel that the petitioner was initially appointed on 03.07.1973 on the post of Constable and after getting regular promotion, he was promoted on the post of Sub-Inspector of Police. While he was posted as Sub-Inspector and officer in charge of Police Station Rawatsar in February, 2000 on registration of one FIR, investigation was initiated by him and on account of his exceptional work, the accused persons who were instrumental in so many States in the offence of theft as well as murders were arrested. Such commendable work of the petitioner was not only appreciated by his Higher Officers but even recommendation was made to grant petitioner benefit of a special nomination for promotion, out of turn in view of Rule 28 of the Rules of 1989.

2. Learned counsel for the petitioner submits that Rule 28 of the Rules of 1989 is an exception to the general procedure for promotion and it starts from non obstante clause for conferring powers upon the Director General-cum-Inspector General of Police to nominate the candidates for Promotion Cadre Course for higher rank up to the Sub-Inspector, confining to 10 per cent of vacancies to be filled in by promotion in a particular year, provided such candidates have shown outstanding work in the anti-dacoity, anti- smuggling or in any special field of police work. In the instant case, where the petitioner has exposed the organized crime of inter-State Gang and also arrested the accused, when recommendation was made by his Higher Officers, the Director General of Police was under an obligation to consider his case in the light of provisions of Rule 28 of the Rules 1989 however, instead of granting him benefit of special nomination for Promotion Cadre Course, merely a cash award of Rs.5000/- was granted to the petitioner.

3. Learned counsel for the petitioner further submits that in other cases in similar circumstances, Shri Ramanand Sharma, Anwar Khan, Vijay Shankar Sharma, Anoop Singh and Chandra Purohit have been nominated specially for Promotion Cadre Course in view of Rule 28 however, without there being any specific distinguishable feature, the petitioner has been deprived of consideration under Rule 28 whereas, even the office of Governor of Rajasthan has recommended for considering the case of the petitioner on the basis of parity. Petitioner submits that although, during the pendency of the writ petition, the petitioner has retired, yet in cases, candidature is considered for a special nomination for Promotion Cadre Course, he may be granted notional benefits on promotion.

4. The writ petition filed by the petitioner was opposed by the respondents and reply was filed narrating therein that, the matter of the petitioner was considered by the Department for out of turn promotion, the work performed by the petitioner was not found to be a case of out of turn at higher level in the Department and thus, the petitioner has been handsomely re