Balwan Singh vs State Of Rajasthan
2021 Latest Caselaw 2577 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1314/2021

1. Balwan Singh S/o Shri Mahendra Singh, Aged About 36 Years, R/o Village And Post Suratpura, Tehsil Bhadra, District Hanumangarh (Rajasthan).

2. Madan Lal S/o Shri Baksha Ram, Aged About 34 Years, R/o Village Sajjanpura, Post Motlabas, Tehsil Dataramgarh District Sikar (Rajasthan).

3. Koshal Singh S/o Shri Ramcharan Singh, Aged About 36 Years, R/o Village And Post Jaghina, Tehsil Bharatpur, District Bharatpur (Rajasthan).

4. Shimbhu Singh S/o Shri Shivpal Singh, Aged About 27 Years, R/o Dhani Saiyo Ki Village Mandoli Tehsil Neemkathana, District Sikar (Rajasthan).

5. Rajuram S/o Shri Nathuram, Aged About 31 Years, R/o Dhuno Ki Dhani Village Mamdoli Via Besroli Tehsil Makarana, District Nagaur (Rajasthan).

6. Vivek Meena S/o Shri Banwari Lal Meena, Aged About 30 Years, R/o Village And Post Udaipuriya, Tehsil Chomu, District Jaipur (Rajasthan).

7. Rajaram Meghwal S/o Shri Manfula Ram, Aged About 32 Years, R/o Village Kalwas, Post And Tehsil Lunkaransar, District Bikaner (Rajasthan).

8. Pravesh Kumari D/o Shri Kishan Lal, Aged About 35 Years, R/o Village And Post Kithur, Tehsil And District Alwar (Rajasthan).

9. Seemabai Meena D/o Shri Ram Avatar Meena, Aged About 30 Years, R/o Village And Post Bhanokhar, Tehsil Kathumar, District Alwar (Rajasthan).

10. Mamta Kumari Yadav D/o Shri Jagdish Prasad Yadav, Aged About 27 Years, R/o Village Gumanpura Post Raithal Tehsil Phulera, District Jaipur (Rajasthan).

11. Kailash Chaudhary S/o Shri Ramphool Chaudhary, Aged About 30 Years, R/o Village Kacholiya, Post Bassi, Tehsil Bassi, District Jaipur (Rajasthan).

12. Kanhaiya Lal Meena S/o Shri Bhairu Ram Meena, Aged About 28 Years, R/o Village Biharipura, Post Bassi, Tehsil And District Jaipur (Rajasthan).

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13. Kumari Laxmi D/o Shri Rajveer Singh, Aged About 27 Years, R/o Village Hansas, Post Jhanjha, Tehsil Buhana, District Jhunjhunu (Rajasthan).

14. Balveer Chaudhary S/o Shri Bhanwar Lal Chaudhary, Aged About 33 Years, R/o Village And Post Gehlod, Tehsil Peeplu, District Tonk (Rajasthan).

15. Seema Bai D/o Shri Sampat Ram Meena, Aged About 27 Years, R/o Village And Post Dubbi, Tehsil Rajgarh, District Alwar (Rajasthan).

16. Sunita Kumari D/o Shri Ram Pratap Singh, Aged About 27 Years, R/o Village Kalota, Via Babai, Tehsil Khetri, District Jhunjhunu (Rajasthan).

17. Smt. Suman W/o Shri Ramjas Yadav, Aged About 35 Years, R/o Village Khandoda, Tehsil Babal, District Rewari (Haryana).

18. Vikas Kumar Sharma S/o Shri Ghanshyam Sharma, Aged About 30 Years, R/o Village And Post Tasig, Tehsil Behror, District Alwar (Rajasthan).

19. Meena Khandelwal D/o Shri Prahlad Rai Khandelwal, Aged About 35 Years, R/o Patwari Mohalla, Nimbi, Post Basana, Tehsil Jamwaramgarh, District Jaipur (Rajasthan).

----Petitioners Versus

1. State Of Rajasthan, Through Its Home Secretary, Secretariat, Jaipur (Raj.).

2. Additional Director General Of Police (Intelligence), Rajasthan, Jaipur.

3. Inspector General Of Police (Headquarter), C.i.d. (Ib), Rajasthan, Jaipur.

4. Dy. Inspector General Of Police, Intelligence (Training), Rajasthan, Lalkothi, Jaipur (Raj.).

5. Superintendent Of Police, Intelligence, Jaipur.

----Respondents

For Petitioner(s) : Mr. Vinod Jhajharia (through VC).

For Respondent(s)        :


        HON'BLE MR. JUSTICE ARUN BHANSALI
                       Order
01/02/2021


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Learned counsel for the petitioners seeks withdrawal of the

writ petition except for petitioner Nos.1, 5 & 7.

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

behalf of petitioner Nos.2,3,4,6,8,9,10,11,12,13,14,15,16,17 & 18

is dismissed as withdrawn with liberty to file the same at Court

having jurisdiction.

Submissions have been made 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 at Jaipur Bench.

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 petitioner No.1 - Balwan Singh S/o Shri Mahendra Singh,

petitioner No.5 - Rajuram S/o Shri Nathuram, & petitioner No.7 -

Rajaram Meghwal S/o Shri Manfula Ram is disposed of with

similar directions as given in the case of Dara Singh (supra).

(ARUN BHANSALI),J 53-Rmathur/-

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