High CourtsSingle Bench(2014) 07 RAJ CK 0152

Laxman Singh Udawat vs State of Rajasthan

Rajasthan High Court · Decided on 1 July 2014

HON’BLE JUDGES
Vineet Kothari, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 752/1998

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Judgment

9 paragraphs · 353 words

Dr. Vineet Kothari, J.—This writ petition was filed by the petitioner seeking following prayers:

It is, therefore, humbly prayed that this petition for writ may kindly be allowed and Rule 4 of the Rules of 1989 may kindly be declared ultra vires to Article 14 of the Constitution of India to the extent it includes Armed Police with Civil Police, Intelligence Branch and General Duties Branch of Police Wireless Organization while composing cadre of Rajasthan Police Subordinate Services.

2.

The respondents may kindly be directed to consider Armed Police including Mewar Bhil Core as a separate Branch of Rajasthan Police Sub-ordinate Services.

3.

Without prejudice to above, the respondents may kindly be directed to impart necessary training and to provide induction course for training to the Sub-Inspectors (AP) who are not Graduate, accordingly, the petitioner may be sent for induction course and further he may be joined the training of three months.

4.

The respondents may kindly be directed to consider the candidature of Sub-Inspectors (AP) for their promotion to the post of Inspector (AP) by confining the written qualifying examination among the members of the Armed Police only. The petitioner''s candidature may kindly be considered accordingly for further promotion.

5.

Any other appropriate writ, order or direction which this Hon''ble Court may deem it just and proper in the facts and circumstances of the case, may kindly be issued.

6.

Costs of this writ petition may kindly be awarded in favour of the petitioner.

2.

With the long lapse of time, the present writ petition filed by the petitioner in the year 1998, seeking promotion to the post of Inspector (AP) in the Police Department, has become infructuous, since the petitioner has now admittedly retired from the services in the year 2003 upon achieving the age of superannuation and, therefore, the challenge laid to the validity of Rule 4 of the Rajasthan Police Subordinate Service Rules, 1989, also remains academic at the instance of the petitioner.

3.

Accordingly, the present writ petition is dismissed as having become infructuous. No costs. A copy of this order be sent to the concerned parties forthwith.