Ramdayal Tard vs State Of Rajasthan
2021 Latest Caselaw 18978 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 17254/2021

1. Ramdayal Tard S/o Shri Shriram, aged about 30 Years, R/o Village and Post Jasrasar, Tehsil Nokha, District Bikaner (Rajasthan)

2. Mukesh Kumar Soni S/o Shri Krishna Kumar Soni, aged about 32 Years, R/o Village and Post Kirada Bda, Tehsil Bhadra District Hanumangarh (Rajasthan).

3. Rakesh Kumar S/o Shri Mula Ram, aged about 35 Years, R/o Village Chak-2G M Post Raner, Tehsil Chhattargarh, District Bikaner (Rajasthan).

4. Charat Lal Meena S/o Shri Chiranji Lal Meena, aged about 38 Years, R/o Village Kawad Post Jonla, Tehsil Chouth Ka Barwara, District Sawaimadhopur (Rajasthan).

5. Bheemsen S/o Shri Maniram, aged about 29 Years, R/o Village and Post Khanuwali, Tehsil Rawla, District Shri Ganganagar (Rajasthan).

6. Rajesh Kumar Meena S/o Shri Kirodi Mal Meena, aged about 30 Years, R/o Village Jaisinghpura Post Karanpura, Tehsil Reni, District Alwar (Rajasthan).

7. Ramswaroop S/o Shri Rajaram, aged about 36 Years, R/o Village and Post Doultawali, Tehsil Pilibangan, District Hanumangarh (Rajasthan).

8. Ekata Kumari D/o Shri Om Prakash, aged about 32 Years, R/o Village and Post 13 Kyd Khajuwala, District Bikaner (Rajasthan)

9. Ravi Kumar S/o Shri Madan Lal, aged about 32 Years, R/o Ward No. 10 Shri Karanpur, District Shri Ganganagar (Rajasthan)

10. Krishan Kumar S/o Shri Haranarayan Gurjar, aged about 32 Years, R/o Village and Post Morodi Tehsil Bansur, District Alwar (Rajasthan)

11. Rakesh Bishnoi S/o Shri Ramkumar, aged about 36 Years, R/o Village Chak 8 Kd, Post 10 Kd, Tehsil Gharshana, District Shri Ganganagar (Rajasthan)

12. Kuldeep Singh S/o Shri Rajendra Singh, aged about 38 Years, R/o Dhani Berwal Post Bharwana, Tehsil Bhadra

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and District Hanumangarh (Rajasthan)

13. Rakesh Kumar S/o Shri Rooparam, aged about 38 Years, R/o Village 11 Eea, Post Sanwatsar, Padampur, District Shri Ganganagar (Rajasthan)

14. Mahendra Kumar S/o Shri Asharam Suthar, aged about 31 Years, R/o Village and Post Bhopalpura, Tehsil Suratgarh, District Shri Ganganagar (Rajasthan)

15. Parveen Kumar S/o Shri Jaipal, aged about 36 Years, R/o Village 19 Np and Post 22 Np, Tehsil Raisingh Nagar, District Shri Ganganagar (Rajasthan)

16. Manju Bala W/o Shri Mahender Singh, aged about 35 Years, R/o Village Kashi Ka Bash, Tehsil Ellenabad, District Sirsa (Haryana)

17. Kapoor Singh S/o Shri Munshi Ram, aged about 51 Years, R/o Village and Post Harpalu Ramdhan, Tehsil Rajgarh, District Churu (Raj.)

18. Rajbala D/o Shri Omprakash, aged about 37 Years, R/o Village and Post Sahuwala, Tehsil Bhadra, District Hanumangarh (Rajasthan).

19. Kavita Meena D/o Shri Kanhaiya Lal, aged about 31 Years, R/o Village Kharkhara, Post Rajaji, Tehsil Rajgarh, District Alwar (Rajasthan)

20. Balram Meena S/o Shri Morpal Meena, aged about 31 Years, R/o Village and Post Bageena Tehsil Chouth Ka Barwada Distt. Sawai Madhopur (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, (Bikaner Range), Bikaner (Rajasthan).

4. Superintendent of Police, Shri Ganganagar, (Raj.)

----Respondents

For Petitioner(s) : Mr. Vinod Jhajharia, Through VC.

           HON'BLE MR. JUSTICE ARUN BHANSALI



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                                                                          Order

                                   14/12/2021

Counsel for the petitioners confines the petition to grant of

notional increment and submits that the petitioners are not

pressing the relief pertaining to seniority, inasmuch as proper

seniority has already been assigned to the petitioners.

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.

In the case of Dara Singh (supra), a Co-ordinate 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 that extent is redressed, but appointment should have been made effective 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."

In view of the submissions made, the writ petition filed by

the petitioners is disposed of with similar directions as given in the

case of Dara Singh (supra).

(ARUN BHANSALI),J 118-DJ/-

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