HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8/2023
1. Sunil Kumar Khatik S/o Shri Ladu Lal Khatik, Aged About 35 Years, Village And Post Bagore, Tehsil Mandal, District Bhilwara (Raj.).
2. Kanwar Pal Meena S/o Shri Polya Ram Meena, Aged About 35 Years, Village And Post Dorawali, Tehsil Todabhim, District Karauli (Rajasthan).
3. Ramveer Singh S/o Shri Sher Singh, Aged About 32 Years, Village Jagmohanpura, Ward No. 3, Tehsil And District Bharatpur (Raj.).
4. Rohitash Verma S/o Shri Madan Lal Verma, Aged About 33 Years, Village Dhani Tetarwalo Ki , Post Sirohi, Tehsil Neem Ka Thana, District Sikar (Raj.).
5. Kishor Singh S/o Shri Mansho Singh, Aged About 32 Years, Village And Post Khoh, Tehsil Deeg, District Bharatpur (Raj.).
6. Ravi Singh S/o Shri Ram Singh, Aged About 28 Years, Village And Post Luhasa, Tehsil Nadbai, District Bharatpur (Raj.).
7. Rupesh Kumar Khatik S/o Shri Ram Singh, Aged About 32 Years, F-25, Subhash Nagar, Bhilwara, District Bhilwara (Raj.).
8. Daleep Singh S/o Shri Raghuveer Singh, Aged About 36 Years, Village Bhau Ji Ki Dhani, Post Batra Nau, Tehsil Laxmangarh, District Sikar (Raj.).
9. Bimla Kumari D/o Shri Shrawan Singh, Aged About 33 Years, Village Sesam, Post Bhagatpura, Tehsil Dantramgarh, District Sikar (Raj.).
10. Babita D/o Shri Dhukal Ram W/o Shri Naveen Kumar, Aged About 34 Years, Village And Post Devlawas, Tehsil Buhana, District Jhunjhunu (Raj.).
11. Roop Singh Poswal S/o Shri Gopal Singh Poswal, Aged About 33 Years, Village And Post Khirani, Tehsil Malarna Dungarpur, District Sawai Madhopur (Raj.).
12. Anita Sihag D/o Shri Nanu Ram Jat, Aged About 32 Years, Village And Post Ghanghu, Tehsil Churu, District Churu (Raj.).
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13. Devnarayan Gurjar S/o Shri Ghisya Gurjar, Aged About 32 Years, Village Raitha Khurd, Post Badolash, Tehsil And District Sawaimadhopur (Raj.).
14. Sanjay Kumar Meena S/o Shri Mahohar Lal Meena, Aged About 36 Years, Village And Post Tihay, Tehsil Ramgarh, District Sikar (Raj.).
15. Ajay Singh S/o Shri Indal Singh, Aged About 29 Years, Village Khemra Khurd, Post Sunari, Tehsil And District Bharatpur (Raj.).
----Petitioners Versus
1. State Of Rajasthan, Through Its Home Secretary, Secretariat, Jaipur (Raj.).
2. Director General Of Police, Rajasthan, Jaipur.
3. Inspector General Of Police (Ajmer Range), Ajmer (Rajasthan).
4. Superintendent Of Police, Bhilwara (Raj.).
----Respondents For Petitioner(s) : Mr. Vinod Jhajharia through VC JUSTICE DINESH MEHTA Order 04/01/2023
1. It is submitted by the counsel for the petitioners that the issue raised in the present writ petition is covered by the judgment in Dara Singh v. State of Rajasthan & Ors. : S.B.
Civil Writ Petition No.11973/2012, decided on 17.12.2012.
2. In the case of Dara Singh (supra), a coordinate Bench of this Court, inter alia, directed as under:
"Learned counsel for the petitioner submits that realizing the mistake, appointment has been given, thus, grievance of petitioner to the extent is redressed, but appointment should have been made effective (Downloaded on 04/01/2023 at 08:56:30 PM) (3 of 4) [CW-8/2023] from the date candidates lesser in merit were given appointment with notional benefits.
In view of the prayer made and taking note of the order dated 13.12.2012 whereby petitioner is given appointment realizing mistake by the respondents, I consider it proper to direct that aforesaid appointment should be treated from the date when lesser meritorious candidates were given. The petitioner would, accordingly, be entitled to the notional benefits and seniority from the date persons with less merit were given appointment. The actual benefits would be allowed from the date of joining pursuant to the order dated 13.12.2012.
With the aforesaid, writ petition stands disposed of."
3. Without going into the merits of the case, the writ petition is disposed of with direction to the petitioners to file a representation before the competent authority of the respondents along with certified copy of the order instant and photo-stat copy of the judgment in the case of Dara Singh (supra) with a period of two weeks.
4. In case, a representation is so addressed within the aforesaid period, the competent authority of respondents shall decide the same and consider petitioners' entitlement in accordance with the law laid down in the case of Dara Singh (supra) law as early as possible, preferably within a period of eight weeks.
5. It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioners' grievance. The same may (Downloaded on 04/01/2023 at 08:56:30 PM) (4 of 4) [CW-8/2023] not be construed to be an order to decide the representation in a particular manner.
6. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 103-A.Arora/-
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