ASHOK KUMAR GAUR,J. - (1.) The petitioner has filed the instant petition claiming the benefit of pay-scale of sub-inspector of police (MT). The petitioner submits in his petition that he has been discharging the duties on the post of constable (driver) and after getting benefit of selection scale on the post of head constable, he is entitled for the pay- scale of sub-inspector of police and not pay-scale of assistant sub- inspector of police.
(2.) Learned counsel for the petitioner submits that the controversy raised in the present writ petition has already been decided by the Division Bench in D.B. Civil Special Appeal (Writ) No.2056/2014 [The Home Secretary, Government of Rajasthan & Ors. Vs. Shyoram & Anr.] and other connected special appeals, decided on 02.07.2015. He also submits that the State had preferred the special appeal in the Supreme court and the Supreme Court dismissed the special leave petition filed by the State. He further submits that after decision of the Division Bench, the Coordinate Bench of this Court has disposed of S.B.Civil Writ Petition No.22240/2017 [Sivraj & Ors. Vs. State of Rajasthan & Ors.] in view of the decision of Division Bench. The Co-ordinate Bench has further directed to file representation before the competent authorities and the State authorities have been directed to consider and decide the representation by a reasoned and speaking order in accordance with law. Learned counsel submits that petitioner may also be granted same relief of filing a representation and time bound direction may be given to decide the representation.
(3.) The Co-ordinate Bench in S.B.Civil Writ Petition No.22240/2017 [Sivraj & Ors. Vs. State of Rajasthan & Ors.] (Supra) has passed following order:- "Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Division Bench in a batch of intra-court appeal lead case being D.B. Civil Special Appeal (Writ) Number 2056 of 2014: The Home Secretary, Government of Rajasthan and Ors. Versus Shyoram and Anr., decided on 2nd July, 2015, declining the intra- court appeals observing thus: "3. An interim order was passed by this Court on 27.02.2015, on the ground that against the judgment passed by the Division Bench in State of Rajasthan and Anr. Vs. Jagdish Prasad and Anr. (D.B. Civil Special Appeal(W) No.161/2012), the Supreme Court has granted an interim order in the contempt proceedings for implementation of the judgment of the Division Bench. This Court had passed the interim order on 27.02.2015, awaiting the orders, to be passed by the Supreme Court in the Civil Appeals. ;