Citation : 2022 Latest Caselaw 1356 Raj
Judgement Date : 28 January, 2022
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1526/2022
1. Nirmal Kumar Khatik S/o Shri Shyam Lal Khatik, Aged About 27 Years, Village And Post Narela Tehsil Chittorgarh District Chittorgarh (Raj)
2. Balram Meena S/o Shri Sitaram Meena, Aged About 28 Years, R/o Village Miskinpura Post Kodyai, Tehsil Bonli, District Sawai Madhopur (Raj.)
3. Narendra Meena S/o Shri Ram Gopal Meena, Aged About 28 Years, R/o Village Koondi Post Sakrawada Tehsil, Kishanganj District Baran ( Raj)
4. Yogendra Kumar S/o Shri Udayveer Singh, Aged About 27 Years, R/o Pushp Vatika Colony Bharatpur (Raj)
5. Mukesh Kumar Gajraj S/o Shri Deshraj, Aged About 32 Years, R/o Village And Post Hamirpura Kalan, Tehsil Khandela District Sikar (Raj.)
6. Ramu Lal Meena S/o Shri Sitaram Meena, Aged About 36 Years, Village And Post Badh Rasulpura Tehsil Jamwaramgarh District Jaipur (Raj)
7. Rakesh Kumar S/o Shri Prithvi Singh, Aged About 29 Years, R/o Village And Post Ojtu, Tehsil Chirawa District Jhunjhunu (Raj.)
8. Vinod Kumar S/o Shri Shishupal Singh, Aged About 30 Years, R/o Village Pura Ki Dhani Post Derwala, Tehsil Jhunjhunu District Jhunjhunu (Raj)
9. Shivdatt S/o Shri Subhash Chandra, Aged About 27 Years, R/o Chack 18 Knd Post Khanu Wali, Tehsil Rawla Mandi District Shriganganagar (Raj.)
10. Rajkumar S/o Shri Motiram, Aged About 35 Years, Village And Post Eta, Tehsil Suratgarh District Sriganganagar (Raj.)
11. Meghram Meena S/o Shri Kamar Singh, Aged About 28 Years, R/o Bahaurpur Post Bhopur, Tehsil Todabhim District Karauli (Raj)
12. Chetan Jatav S/o Shri Munshi Lal Jatav, Aged About 31 Years, R/o Akbarpur Shri Mahaveer Ji, Tehsil Hindaun City District Karauli (Raj.)
13. Nanuram S/o Shri Nathuram, Aged About 30 Years, R/o
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Village And Post Shivsinghpura Tehsil Shahpura District Jaipur (Raj.)
14. Ramhans S/o Shri Gordhan Lal Meena, Aged About 35 Years, R/o Village Manjvab Post Gadhi Sawai Ram, Tehsil Raini District Alwar ( Raj.)
15. Manoj Kumar Hansiwal S/o Shri Harphool Singh Hansi Wal, Aged About 28 Years, R/o Village And Post Basai Tehsil Kotputli District Jaipur Raj.)
16. Manak Ram Solanki S/o Shri Satyanarayan, Aged About 28 Years, R/o Village And Post Chokdi Kala Tehsil Pipar District Jodhpur (Raj.)
17. Jang Bahadur Singh S/o Shri Shyam Singh, Aged About 28 Years, R/o Village And Post Boranada Tehsil Luni District Jodhpur (Raj.)
18. Deepak Kumar Meena S/o Shri Onkar Lal Meena, Aged About 31 Years, R/o Village Chamti Kheda Post Ochdi Tehsil Chittorgarh District Chittorgarh( Raj.)
19. Pooran Singh Gurjar S/o Shri Govind Sahay Gurjar, Aged About 31 Years, R/o Tahala Ka Bass Badiyal Khurd Tehsil Baswa District Dausa (Raj.)
20. Dharmichand S/o Shri Mohanlal Raigar, Aged About 31 Years, R/o Village And Post Gulabpura Tehsil Hurda District Bhilwara (Raj.)
21. Shivram S/o Shri Ratnaram Meghwal, Aged About 31 Years, Village And Post Indas Tehsil Nagaur District Nagaur ( Raj.)
22. Harpreet Singh S/o Shri Mukhtyar Singh, Aged About 29 Years, R/o 14 Kw M Village And Post 3,4 Rsm Tehsil Gharsana District Sri Ganganagar (Raj.)
23. Kuldeep Singh S/o Shri Hari Singh, Aged About 30 Years, R/o Village And Post Ujjalwas Tehsil Nohar District Hanumangarh (Raj.)
24. Radheshyam S/o Shri Mohan Lal Bawri, Aged About 31 Years, Village And Post Manyas Tehsil Rashmi District Chittorgarh( Raj.)
25. Surendra Kumar S/o Shri Banwari Lal Meghwal, Aged About 28 Years, Village And Post Shishu Ranoli Tehsil Dataramgarh District Sikar (Raj.)
----Petitioners
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Versus
1. State Of Rajasthan, Through Its Home Secretary, Secretariat, Jaipur (Raj.)
2. Director General Of Police, Rajasthan, Jaipur
3. Inspector General Of Police (Udaipur Range), Udaipur (Rajasthan)
4. Superintendent Of Police, Chittorgarh (Raj.)
----Respondents
For Petitioner(s) : Mr. Vinod Jhajharia (through VC) For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
28/01/2022
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.
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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 81-Rmathur/-
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