1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B.Civil Writ Petition No.1422/2008 Ranjeet Singh Vs. State of Raj. & Ors. Date of order : 11.02.2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Tanveer Ahmed for petitioner. Mr. Hemant Mathur, Dy. Government Counsel for State. Heard learned counsel for the parties. By this writ petition, the petitioner has challenged the orders dated 13.04.2006 (Annexure/6) and 21.04.2006 (Annexure/7). The submission of the counsel for the petitioner is that the respondents have wrongly implemented the order of this Court dated 27.9.2005 passed in S.B.Civil Writ Petition No. 8565/04 titled as Thansingh Vs. State of Rajasthan & Ors. while passing the order dated 13.04.2006 (Annexure/6) whereby the petitioner has been transferred from Headquarter Armourer Constable No.920 to D Company and in his place Than Singh Constable No. 482 has been posted without considering the fact that circular dated 08.11.2004 (Annexure/2) wherein there is a reference of the Inspector General(Personnel) has been mentioned that the Constable senior in the course would be entitled for Armour allowance. 2 The further submission of the counsel for the petitioner is that this Court has nowhere said that the circular dated 08.11.2004 and order dated 18.11.2004, the reference of which has been made in the said order (Annex./2) clearly speak about the entitlement for Armourer Allowance on the basis of seniority in the course. The petitioner has passed the course in Batch No. 13/2000 whereas Than Singh has passed the course in Batch No.14/2001, therefore, in view of the circular dated 08.11.2004 (Annexure/2), the petitioner has prior claim to be posted in Headquarter and has further entitled for Armourer Allowance. Counsel for the petitioner has also filed an additional affidavit to the effect that he has passed in Armour Course in Batch No.13/2000 whereas Than Singh in Batch No. 14/2001. Counsel for the State has not disputed the passing of the course of the petitioner in Batch No. 13/2000, whereas the passing of the course of Than Singh is of Batch No.14/2001. In view of the above, the impugned order dated 13.04.2006 (Annexure/6) is quashed and set aside, so far as the petitioner is concerned. The order dated 18.11.2004 (Annexure/3), so far as the petitioner is 3 concerned, is restored and as regard his seniority is concerned, the petitioner is free to make the representation which will be decided within a period of one month from today by the respondents. The writ petition is disposed of accordingly. (PREM SHANKER ASOPA),J. Gandhi H/55