Rajasthan High Court - Jodhpur
Susma Kumari vs State Of Rajasthan (2024:Rj-Jd:40786) on 7 October, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:40786]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 15462/2024
1. Susma Kumari D/o Rohitash Singh Shekhawat, Aged About 36
Years, R/o Agrasen Nagar, Churu, Rajasthan.
2. Dimpel Deora D/o Bhanwar Singh, Aged About 39 Years, R/o
Rajput Was Veeroli, Veeroli, District Sirohi, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of Home,
Secretariat, Jaipur.
2. The Principal Secretary, Department Of Finance (Rules),
Government Of Rajasthan, Secretariat, Jaipur.
3. The Director General Of Police, Police Headquarter, Lal Kothi,
Jaipur, Rajasthan.
4. The Additional Director General Of Police (Training), Jaipur,
Police Headquarter, Jaipur, Rajasthan.
5. The Superintendent Of Police, Pali, District Pali.
----Respondents
For Petitioner(s) : Mr. Tribhuwan Singh.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 07/10/2024
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 vs. 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 from the date candidates lesser in (Downloaded on 08/10/2024 at 09:47:11 PM) [2024:RJ-JD:40786] (2 of 2) [CW-15462/2024] 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. Learned counsel, therefore, prays that the petitioners may be permitted to file a detailed representation before the competent authorities for redressal of their grievances.
4. In view of the above, the present writ petition is disposed of with liberty to the petitioners to file a representation to the competent authorities of the department and the competent authorities of the department are directed to decide the same within a period of four weeks from the date of receipt of such representation, keeping in mind the law laid down by this Court in the case of Dara Singh (supra).
5. The order has been passed based on the submissions made in the petition, the respondents would be free to examine the veracity of the submissions made in the petition and only in case the averments made therein are found to be correct, the petitioners would be entitled to the relief.
(VINIT KUMAR MATHUR),J 23-AnilSingh/-
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