Murti vs State Of Rajasthan
2022 Latest Caselaw 14787 Raj

Citation : 2022 Latest Caselaw 14787 Raj
Judgement Date : 16 December, 2022

Rajasthan High Court - Jodhpur

Murti vs State Of Rajasthan on 16 December, 2022

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19018/2022

1. Murti W/o Shri Ashok Bishnoi, Aged About 28 Years, R/o Village Bhawad, Tehsil Bawari, Jodhpur. Belt No. 2567, Posted At Jodhpur.

2. Geeta D/o Shri Bagdu Ram, Aged About 29 Years, R/o Vinayakpura Bhawad, Tehsil Bawari, Jodhpur, Belt No.2871, Posted At Jodhpur.

3. Sunita D/o Daya Ram, Aged About 29 Years, R/o Jaton Ka Bas Karwar, Jodhpur, Belt No.2925 Posted At Jodhpur.

4. Ashoka D/o Jagdish Ram, Aged About 28 Years, R/o Ward No.39, R/o Baap, Jodhpur, Belt No.2883 Posted At Jodhpur.

5. Manju Kumari D/o Babu Lal, Aged About 27 Years, R/o Nehra Ki Dhani, Madawas, Rohit, Pali, Belt No.2765 Posted At Jodhpur.

6. Manju Devi D/o Narayan Ram, Aged About 32 Years, R/o Ward No.39, Khangta Bhopalgarh, Belt No.2817 Posted At Jodhpur.

7. Manju Kumari D/o Khiya Ram, Aged About 31 Years, R/o Ward No.39, R/o Digari, Jodhpur, Belt No.2909 Posted At Jodhpur.

8. Teeja Jakhar D/o Ladu Ram, Aged About 31 Years, R/o Artiya, Tehsil Bhopalgarh, Jodhpur, Belt No.2690 Posted At Jodhpur.

9. Keshar Kumari D/o Dharma Ram, Aged About 27 Years, R/o Netra, Tehsil Bawri, Jodhpur Belt No.2896 Posted At Jodhpur.

10. Kiran D/o Dhanna Ram, Aged About 30 Years, R/o Ward No.39, Salwa Kalan, Jodhpur, Belt No.2929 Posted At Jodhpur.

11. Meera D/o Kishna Ram, Aged About 34 Years, R/o Asop, Bhopalgarh, Jodhpur Belt No.2890 Posted At Jodhpur.

12. Urmila Yadav D/o Moolchand Yadav, Aged About 30 Years, R/o Bai Ka Vas, Post Kanarpura, Tehsil Chomu District Jaipur, Belt No.2869 Posted At . Jodhpur

13. Manju Choudhary D/o Shankar Lal Choudhary, Aged About 32 Years, R/o Ward No.39, Jodhpur Belt No.2679

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Posted At Jodhpur.

14. Sushila D/o Ramdev, Aged About 28 Years, R/o Ward No.39, Nagaur, Belt No.2721 Posted At Jodhpur.

15. Santosh D/o Ramsukh, Aged About 33 Years, R/o Ward No.39, Jodhpur Belt No.2879 Posted At Jodhpur.

16. Sumitra Devi D/o Bhakar Ram, Aged About 33 Years, R/o Village Guda Bishnoiyan, Tehsil Luni, Jodhpur Belt No.2850 Posted At Jodhpur.

17. Lalita Kumari D/o Bhanwar Lal, Aged About 29 Years, R/o Ward No.39, Jodhpur Belt No.2834 Posted At Jodhpur.

18. Rupa D/o Mahesh Bishnoi, Aged About 29 Years, R/o Pabunagar Chouraha, Tehsil Pipar, Jodhpur Belt No.2748 Posted At Jodhpur.

19. Anju Choudhary D/o Kera Ram, Aged About 29 Years, R/o 42 Years, R/o In Front Of Bharat Public School, Saran Nagar, Jodhpur, Belt No.2818 Posted At Jodhpur.

20. Sohani D/o Manohar Ram, Aged About 28 Years, R/o Mulraj Nagar, Lohawat, Jodhpur Belt No.2899 Posted At Jodhpur.

21. Pritibala Odd D/o Sohan Singh, Aged About 30 Years, R/o Kaliyaon Ka Bas, Hathiram Ka Oda, Jodhpur Belt No.2843 Posted At Jodhpur.

22. Anita Bai Yadav W/o Mohan Singh Yadav, Aged About 30 Years, R/o 6B-75 K.k. Colony, Basni Ist Phase Jodhpur, Belt No.2937 Posted At Jodhpur.

23. Babita D/o Ummed Singh, Aged About 30 Years, R/o Vpo Baijuwa Rajgarh District Churu Belt No.2921 Posted At Jodhpur.

24. Sonu D/o Manphool Singh, Aged About 30 Years, R/o Vpo Ragha Chhoti Tehsil Rajgarh District Churu, Belt No.2898 Posted At Jodhpur.

25. Saroj D/o Banshi Lal Vishnoi, Aged About 35 Years, R/o Bhimsagar Osian, Jodhpur Belt No.2910 Posted At Jodhpur.

26. Kamla D/o Punmaram, Aged About 30 Years, R/o Lukhu, Tejhsil Dhorimanna, District Barmer Belt No.2897 Posted At Jodhpur.

27. Kiran Choudhary D/o Kishnaram Choudhary, Aged About 30 Years, R/o Mewra, Tehsil Degana District Nagaur Belt

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No.2907 Posted At Jodhpur.

28. Gudiya Kumari D/o Thakra Ram, Aged About 28 Years, R/ o Falsund, Tehsil Pokaran, Jaisalmer, Belt No.2908 Posted At Jodhpur.

29. Sumitra Devi D/o Nema Ram, Aged About 29 Years, R/o Nimbola Kalla , Tehsil Degana, Nagaur Belt No.2864 Posted At Jodhpur.

30. Sushila D/o Padmaram, Aged About 29 Years, R/o Birshalu Kala, Tehsil Osian, Jodhpur Belt No.2923 Posted At Jodhpur.

31. Kiran Choudhary D/o Hari Ram Jakhar, Aged About 28 Years, R/o Village And Post Bada Wali Dhani Bagoriya, Tehsil Bhopalgarh District Jodhpur Belt No.2915 Posted At Jodhpur.

32. Premi Devi D/o Revat Ram, Aged About 29 Years, R/o Village Pipliya Post Panchla Siddh, Tehsil Khinvsar District Nagaur Belt No. 2754 Posted At Jodhpur.

33. Mohani Kumari D/o Rupa Ram, Aged About 27 Years, R/o Village Peerpali, Tehsil Gudamalani District Barmer, Belt No.2918 Posted At Jodhpur.

34. Vimla Bhadu D/o Koja Ram Bhadu, Aged About 29 Years, R/o Village Chodawas, Tehsil Bilara, Jodhpur Belt No.2901 Posted At Jodhpur.

35. Pramila D/o Jagdish, Aged About 29 Years, R/o Khinvsar District Nagaur Belt No.2828 Posted At Jodhpur.

36. Shobha Devi Senwar D/o Puna Ram Sinvar, Aged About 29 Years, R/o Jakhado Ki Dhani Kosana, Tehsil Pipar City District Jodhpur Belt No.2900 Posted At Jodhpur.

37. Sushila D/o Manohar Lal, Aged About 30 Years, R/o Village Pathana, Tehsil Bhuhana, District Jhunjhunu, Belt No.2924 Posted At Jodhpur.

38. Sushila D/o Bhanwar Lal, Aged About 34 Years, R/o Pichiyak, Tehsil Bilara, Jodhpur Belt No.2848 Posted At Jodhpur.

39. Sumta D/o Ramrakh, Aged About 30 Years, R/o Goliya Magra, Tehsil Luni, Jodhpur Belt No.2892 Posted At Jodhpur.

40. Leela D/o Ghewar Ram, Aged About 29 Years, R/o Vinayak Pura Bhawad, Tehsil Bawri, Jodhpur, Belt No.2685 Posted At Jodhpur.

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                                                                      ----Petitioners
                                     Versus
1.      State   Of    Rajasthan,         Through         Its      Home     Secretary,

Secretariat, Rajasthan, Jaipur.

2. The Director General Of Police, Police Headquarter, Jaipur.

3. Inspector General Of Police, Jodhpur Range, Jodhpur.

4. The Superintendent Of Police, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Ashok Bishnoi

JUSTICE DINESH MEHTA

Order

16/12/2022

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 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

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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. In view of the submissions made, the writ petition

filed by the petitioners is disposed of with similar directions

to the respondents No.3 & 4 as given in the case of Dara

Singh (supra).

4. 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.