[2026:RJ-JP:301]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 314/2011 Nand Ram Yadav Son Of Late Shri Umrao Singh Yadav, aged about 44 years, R/o 6-A-III, In Front Of Delhi Public School, Civil Lines, Bikaner ----Petitioner Versus

1. State Of Rajasthan Through Additional Chief Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur

2. Secretary To Government, Disaster Management And Relief Department And Ex-Officio Director, Civil Defence, Civil Defence Headquarter, Subash Nagar Shopping Centre, Jaipur Rajasthan

3. Mr. Dharam Pal, Inspector (Wireless), Civil Defence And Home Guards, Headquarters, Jaleb Chowk, Jaipur, Rajasthan ----Respondents For Petitioner(s) : Mr. Sandeep Singh Shekhawat For Respondent(s) : Mr. Priyam Agarwal Ms. Monisha Agarwal on behalf of Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE ANAND SHARMA

Order

07/01/2026

1. By way of filing this writ petition, the petitioner has challenged a notification dated 30.01.1981 issued by Deputy Secretary of the Government Home (Group) XII Department, Government of Rajasthan, Jaipur as well as the order dated 29.10.2010 whereby, the respondent No. 3 has been promoted to the post of Inspector Technician.

2. It is submitted by learned counsel for the petitioner that the petitioner was initially appointed to the post of Constable on 15.07.1989 in Police Telecommunication. Thereafter, he was selected on the post of Wireless Operator (Sub-Inspector) on

07.05.1998 in Civil Defence and Home Guards. As per the petitioner, since then, he has been working on the post of Wireless Operator (Sub-Inspector) in Civil Defence and Home Guards Department.

3. It was further submitted by learned counsel for the petitioner that the petitioner was also selected for pursuing Police Wireless Operator Grade-I^st Training Course, which was conducted by the Directorate of Coordination (Police Wireless) itself. After undergoing the said training, certificate was issued to the petitioner on 04.09.2006.

4. Learned counsel for the petitioner submits that next promotion post from the post of Wireless Operator (Sub- Inspector) was Inspector Wireless. The petitioner being eligible was although considered along with respondent No.3 for the aforesaid post however, the respondent No.3 was promoted to the post of Inspector Wireless against the vacancies of the year 2005-

06 vide order dated 29.10.2010.

5. Learned counsel further submits that one notification dated 30.01.1981 was issued by the Home (Grade XII) Department in order to prescribe minimum qualification and experience for promotion to the post of Inspector (Radio/Wireless), which is a post to be filled in 100 per cent by promotion. Minimum qualification as prescribed in the notification dated 31.01.1981 is that the candidate is required to possess I Grade Operator/Technical Examination State Wireless (Police) Organization "OR" five years' experience as Sub-Inspector Operator/Technician in Home Guards/Civil Defence.

6. Learned counsel for the petitioner emphasized that despite the fact that the respondent No.3 was not possessing the minimum qualification prescribed in notification dated 30.01.1981 as he was not having any training certificate of I Grade Operator/Technical Examination merely on account of possessing 5 years' experience as Sub-Inspector Operator/Technician, he has been promoted to the post of Inspector Wireless. Learned counsel further argued that although, there are no statutory rules in force in Rajasthan Home Guard and Civil Defence Department however, in the year 1996, draft rules were prepared which lays down the qualification of Inspector Technician as under: Section - IV Civil Defence Telecommunication Senior Posts:

7. Learned counsel submits that as per aforesaid draft rules, merely experience of 5 years as Sub-Inspector Operator/Technician is not sufficient until and unless, the candidate possesses the minimum qualification of having passed of I^st Grade Operator/Technician Examination.

8.