Rajasthan High Court - Jodhpur

Rakesh Kumar vs State Of Rajasthan ... on 10 April, 2023

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3090/2023

1. Rakesh Kumar S/o Shri Rambhaj, Aged About 35 Years, R/o Street 16, Nai Abadi, Hanumangarh Town, Hanumangarh 335513, Belt No. 11442

2. Surender Kumar S/o Shri Bhagat Ram, Aged About 33 Years, R/o Vpo Munsari, Tehsil Bhadra, Distt. Hanumangarh, Belt No. 11236

3. Kuldeep Chauhan S/o Shri Babulal Chauhan, Aged About 37 Years, R/o Bohra Colony, Parbatsar, Nagour, Belt No.

4. Ashok Kumar S/o Shri Phula Ram, Aged About 30 Years, R/o Village Ghaniyasar, Post Neiyasar, Tehsil Rawatsar, Distt. Hanumangarh, Belt No. Fc-11168

5. Gopal Lal Jat S/o Shri Girdhari Lal Jat, Aged About 29 Years, R/o Village Piprali, Post Lunwa, Tehsil Nawa, Distt. Nagour, Belt No. 11233

6. Harendra Kaswan S/o Shri Omparkash Kaswan, Aged About 29 Years, R/o Vpo Sirsali Tehsil Churu, Distt. Churu, Belt No. 11195

7. Hansraj Meena S/o Shri Manglaram Meena, Aged About 30 Years, R/o Village Dharanwas, Post Paparda, Tehsil Nagalrajawatan, Distt. Dausa. Belt No. 11404

8. Rahul Kumar Yadav S/o Shri Cheluram, Aged About 27 Years, R/o Village Baghaka Post Alamshah Nagar, Bharatpur, Belt No. 11407

9. Tekchand S/o Shri Bhajan Lal, Aged About 33 Years, R/o Village Sunderwari, Po Bhanot, Tehsil Mundawar, Distt. Alwar, Belt No. 11415,

10. Pavan Kumar Yadav S/o Shri Harveer Singh, Aged About 30 Years, R/o Village Baghaka, Po Alamshah, Tehsil Nagar, Distt. Bharatpur, Belt No. 11428

11. Mukesh Singh Gurjar S/o Shri Nathulal Gurjar, Aged About 29 Years, R/o Village Dhaupura, Post Roopwas, Tehsil Jamwaramgarh, Distt. Jaipur, Belt No. 11405.

12. Ramraj Meena S/o Shri Narayan, Aged About 32 Years, R/o Vpo Boroda, Tehsil And Distt. Dausa, Belt No. 11230

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13. Anil Kumar Verma S/o Shri Ladali Prasad Verma, Aged About 32 Years, R/o Vpo Khohra Malawali, Tehsil Laxmangarh, Distt. Alwar, Present Belt No. 11399, Old Belt No. 11136

14. Anand Choudhary S/o Shri Ramswaroop Jat, Aged About 28 Years, R/o Village Post Teja Ka Bas, Tehsil Phulera, Distt. Jaipur. Belt No. 11438

15. Bhanwar Pal Jadaun S/o Shri Rajendra Pal Jadaun, Aged About 33 Years, R/o Village Medpura, Post Bookana, Tehsil Sapotra, Distt. Karauli, Belt No. Fc 5450

16. Rajiv Sharma S/o Shri Gopal Lal Sharma, Aged About 30 Years, R/o Village Post Khawaraniji, Tehsil Jamwaramgarh, Distt. Jaipur, Belt No. 11403

17. Gajendra Singh Tomar S/o Shri Sovaran Singh Tomar, Aged About 31 Years, R/o In Front Of Police Station Rajakhera, Distt. Dholpur, Belt No. 11137, Present Belt No. 11400

18. Jagdish Prasad Puniya S/o Shri Ratan Lal Punia, Aged About 30 Years, R/o Village Post Dadiya, Tehsil Kishangarh, Distt. Ajmer, Belt No. 11435

19. Jagdish Narayan Meena S/o Shri Bhagwan Sahay Meena, Aged About 37 Years, R/o Village Kishanpura, Post Tunga, Tehsil Bassi, Distt. Jaipur, Belt No. 5447.

20. Ravindra Kumar Bairwa S/o Shri Devi Sahay Bairwa, Aged About 38 Years, R/o Village Nayagaon, Post Pada, Tehsil Reni, Distt. Alwar, Belt No. Fc 5488

21. Mahesh Kumar S/o Shri Natha Ram, Aged About 33 Years, R/o Vpo Bhorki, Ward No.9, Tehsil Udaipurwati, Distt. Jhunjhunu, Belt No. 5391

22. Rahul Kumar Barra S/o Shri Hanuman Sahay Bunkar, Aged About 31 Years, R/o Mukam Post Chimanpura, Tehsil Shahpura, Jaipur, Belt No. 5392

23. Mahaaveer Prasad Chouhan S/o Shri Kalyan Sahay Chouhan, Aged About 34 Years, R/o Village Post Ninder, Ward No.2, Tehsil Amer, Distt. Jaipur, Belt No. 5444

24. Sunil Kumar S/o Shri Niketanand Sharma, Aged About 33 Years, R/o Village Nanga Udia, Post Jasai, Tehsil Mundawar, Distt. Alwar, Belt No. 5667

25. Harkesh Bairwa S/o Shri Ramswaroop Bairwa, Aged About

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38 Years, R/o Vpo Balaghat, Tehsil Todabhim, Distt. Karauli, Belt No. 5652

26. Purushottam Kumar Sharma S/o Shri Durga Shankar Sharma, Aged About 34 Years, R/o Village Chamanpura (Lamba), Post Lamba Thana, Mahendwas, Tehsil And Distt. Tonk, Belt No. Fc 5393

27. Mahesh Kumar Mahawar S/o Shri Ramji Lal Mahawar, Aged About 39 Years, R/o Vpo 22 Meel, Didwana, Tehsil Lalsot, Distt. Dausa, Belt No. 5396

28. Mukesh Kumar Sonwal S/o Shri Gopi Ramsonwal, Aged About 38 Years, R/o Plot No. 16, Jawahar Nagar, Delhi Road, Mungaska, Alwar, Belt No. 5445

29. Harendra Kumar Yadav S/o Shri Kamal Singh Yadav, Aged About 30 Years, R/o Village Post Berroo, Tehsil Nagar, Bharatpur, Belt No. 11122, Present Belt No. 11385

30. Suresh Jyotishi S/o Shri Prakash Chand, Aged About 46 Years, R/o Jai Karni Nagar, Niwaru Road, Jhotwara, Jaipur, Belt No. 11217

31. Rakesh Kumar Sharma S/o Shri Banwari Lal Sharma, Aged About 34 Years, R/o Kapil Vihar Colony, Dausa. Belt No. 5924

32. Rajesh Kumar Sharma S/o Shri Ganpat Ram Sharma, Aged About 33 Years, R/o Village Raypura, Tehsil Baswa, Distt. Dausa, Belt No. 5394

33. Suresh Chand Bairwa S/o Shri Ramaji Lal Bairwa, Aged About 37 Years, R/o.village Gudhasampatpur, Post Kaluwas, Tehsil Rahuwa, Distt. Dausa, Belt No. 5446

34. Mukesh Kumar Choudhary S/o Shri Suraj Mal Choudhary, Aged About 28 Years, R/o Village Biharipura, Tehsil Mozmabad,distt. Jaipur. Belt No. 11352

35. Ajay Kumar Bairwa S/o Shri Ram Singh, Aged About 30 Years, R/o Village Chandrana, Tehsil And Distt. Dausa, Belt No. 11218

36. Deep Chand Verma S/o Shri Hanuman Sahay Verma, Aged About 32 Years, R/o 34, Nayak Colony, Behind Lata Cinema, Jhotwara, Jaipur, Belt No. 11209

37. Pinkoj Adhana S/o Shri Hansram, Aged About 29 Years, R/o Village Amarpur, Post Gazipur, Tehsil Mahwa, Distt. Dausa, Belt No. 11138, Present Belt No. 11401

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38. Manoj Kumar Meena S/o Shri Mahaveer Prasad Meena, Aged About 31 Years, R/o Village Amarpura, Via Etawa Bhopji, Tehsil Chomu, Distt. Jaipur. Belt No. 11315

39. Vishram Meena S/o Shri Tunda Ram Meena, Aged About 36 Years, R/o Village Post Dubbi, Tehsil Rajgarh, Distt. Alwar, Belt No. 11177.

40. Rakesh Kumar Kaasana S/o Shri Sardar Singh Gurjar, Aged About 33 Years, R/o Village Sikandra, Distt. Dausa, Belt No. 11285

41. Naresh Chand Dhaked S/o Shri Ramswaroop, Aged About 33 Years, R/o Vp Khohara, Tehsil Bayana, Distt. Bharatpur, Belt No. 11358.

42. Maneesh Kumar Asawal S/o Shri Chiranji Lal Aswal, Aged About 33 Years, R/o Village Post Agar Tehsil Thanagazi, Distt. Alwar, Belt No. 10942

43. Amit Kumar S/o Shri Gyarsi Lal, Aged About 29 Years, R/o Dudhwa, Tehsil Khetri, Distt. Jhunjhunu, Belt No. 11183.

44. Vinod Prasad Raiger S/o Shri Bholu Ram Raiger, Aged About 33 Years, R/o Village Ramnagar,tehsildudu, Distt. Jaipur, Belt No. 11131, Present Belt No. 11394

45. Om Prakash Meena S/o Shri Haraji Lal Meena, Aged About 31 Years, R/o Village Post Choundiyawas, Tehsil Lalsot, Distt. Dausa, Belt No. 11413.

46. Kapil Chhilwal S/o Shri Birbal Chhilwal, Aged About 31 Years, R/o Vpo Harsora, Tehsil Bansur, Distt. Alwar, Belt No. 11350

47. Ram Kumar S/o Shri Ativeer Singh, Aged About 30 Years, R/o Village Pyare Ka Pura, Post Mithawali, Tehsil Rajakhera, Distt. Dholpur, Belt No. 11202

48. Pawan Kumar S/o Shri Hari Singh Garwa, Aged About 34 Years, R/o Vpo Bharoundra Khurd, Tehsil And Distt. Jhunjhunu, Belt No. 11378

49. Pramod Kumar Lakhera S/o Shri Babulal Lakhera, Aged About 34 Years, R/o Village Basna, Bansur, Alwar, Belt No. 11205

50. Billu Ram S/o Shri Khet Singh, Aged About 31 Years, R/o Village Kiratsinghpura, Post Barrod, Tehsil Behror,distt. Alwar, Belt No. 11392

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51. Dharam Singh Bairwa S/o Shri Nathu Lal Bairwa, Aged About 33 Years, R/o Village Post Raysana, Tehsil Nadauti, Distt. Karauli, Belt No. 11332

52. Harinarayan S/o Shri Mohan Lal, Aged About 35 Years, R/o Dhani Nitharwalo Ki, Village Pujari Ka Bas, Post Bassi, Tehsil Khandela, Distt.sikar, Belt No. 11381

53. Vijay Singh Gurjar S/o Shri Ram Singh Gurjar, Aged About 30 Years, R/o Village Post Peechu Para Khurd, Tehsil Baswa, Distt. Dausa, Belt No. 11194

54. Surendra Kumar Rar S/o Shri Ram Niwas Rar, Aged About 28 Years, R/o Village Post Baghoth, Tehsil Laxmangarh, Distt. Sikar, Belt No. 11386

55. Vinod Singh S/o Shri Mahendra Singh, Aged About 28 Years, R/o Village Post Khoh, Tehsil Deeg,distt.bharatpur, Belt No. 11200

56. Mahesh Kumar Dixit S/o Shri Sita Ram, Aged About 30 Years, R/o Plot No. A39, Karni Niwas Colony, Jodla Power House, Sikar Road, Anokha Ganw, Harmada, Jaipur, Belt No. 11142

57. Narendra Singh Meena S/o Shri Ram Singh Meena, Aged About 29 Years, R/o Padampura, Mode, Village And Post Shivdaspura, Distt. Jaipur, Belt No. 11272

58. Lokesh Kumar Raigar S/o Shri Ratti Ram Raigar, Aged About 31 Years, R/o Village Post Basai Jogiyan, Tehsil Thanagazi, Distt. Alwar, Belt No. 11373

59. Visvendra Singh S/o Shri Kailash Chand, Aged About 31 Years, R/o Village Roniuka Jat, Laxmangarh, Distt. Alwar, Belt No. 11207

60. Bhagwan Sahay Bairwa S/o Shri Gendi Lal Bairwa, Aged About 31 Years, R/o Village Tunga, Post Tunga, Tehsil Tunga, Distt. Jaipur, Belt No. 11039

61. Suresh Chandra Prajaapati S/o Shri Jagdish Prasad Prajapati, Aged About 33 Years, R/o Village Post Peechupara Kalan, Tehsil Baswa, Distt. Dausa, Belt No. 11237

62. Subhash Chand Choudhary S/o Shri Kanhya Lal Choudhary, Aged About 33 Years, R/o Village Post Kanwarpura, Via Ghathwari, Tehsil Amer, Distt. Jaipur, Belt No. 11323

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63. Devkaran Saini S/o Shri Bodan Lal Saini, Aged About 29 Years, R/o Village Jagmalpura, Post Dera, Tehsil Reni, Distt. Alwar, Belt No. 11388

64. Suraj Karan Gurjar S/o Shri Ladu Ram Gurjar, Aged About 36 Years, R/o Vpo Mundota Via Kalwar, Distt. Jaipur, Belt No. 11171

65. Ravindra Kumar Kakkad S/o Shri Rameshwar Prasad Khatik, Aged About 37 Years, R/o Rajpur Bada, Tehsil Rajgarh, Distt. Alwar, Belt No. 11156.

66. Khem Singh Yadav S/o Shri Nandkishor, Aged About 32 Years, R/o Village Fatiyabad, Post Nangal Saliya, Tehsil Kishangarh Bas, Distt. Alwar, Belt No. 11182

67. Kamlesh Meena S/o Shri Sohan Lal Meena, Aged About 35 Years, R/o 2E31, Vishva Karma Colony, Shastri Nagar, Jaipur, Belt No. 11302.

68. Deepak Kumar Dhaka S/o Shri Ranjeet Singh, Aged About 30 Years, R/o Village Akhaipura, Post Ladhana,via Palsana,tehsil Dantaramgarh, Distt. Sikar, Belt No. 11289

69. Poonam Bai D/o . Dharam Pal, Aged About 31 Years, R/o Village Shekhpur, Post Sangtera, Tehsil Kotputli, Distt. Jaipur. Belt No. 11423

70. Devraj Singh S/o Shri Sugar Singh, Aged About 28 Years, R/o Village Ajanehra, Post Klasar, Tehsil Bhusawar, Distt. Bharatpur, Belt No. 11133, Hal Belt No. 11396

71. Badri Narayan Meena S/o Shri Shankar Lal Meena, Aged About 38 Years, R/o Village Gudha Chak Dhani, Banskua Ki, Tehsil Bassi, Distt. Jaipur, Belt No. 5560

72. Sher Singh S/o Shri Rajendra Singh, Aged About 31 Years, R/o Indrawali, Post Mathurahera, Tehsil Kathumar, Distt. Alwar, Present Belt No. 11382 And Old Belt No. 11119

73. Rajesh Kumar S/o Shri Daya Chand, Aged About 32 Years, R/o Village Bass Govind Singh, Post Nuhand, Tehsil Rajgarh, Distt. Churu, Belt No. 11374

74. Rajkumar S/o Shri Satyaveer Singh, Aged About 31 Years, R/o Village Kushalpura, Tehsil Loharu, Distt. Bhiwani, Haryana, Belt No. 11316

75. Lokendra Kumar S/o Shri Ratan Singh, Aged About 29 Years, R/o Village Athera, Post Bilothi, Tehsil And Distt.

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Bharatpur, Belt No. 11389

76. Dinesh Choudhary S/o Shri Mohan Lal Choudhary, Aged About 29 Years, R/o Village Ramola, Post Bagru, Tehsil Sanganer, Distt. Jaipur, Belt No. 11226

----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, Jaipur Range, Jaipur, Rajasthan.

4. The Commissioner Of Police, Jaipur.

----Respondents

For Petitioner(s) : Mr. Deepak Verma

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/04/2023 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.CivilWrit

Petition No.11973/2012, decided on 17.12.2012.

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

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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 dated13.12.2012.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 to the

respondents No.3 & 4 as given in the case of Dara Singh (supra).