Mangilal Poonia (Belt No. 1582) vs State Of Rajasthan
2023 Latest Caselaw 2900 Raj

[2023/RJJD/009699]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4688/2023

1. Mangilal Poonia (Belt No. 1582) S/o Shri Nemichand, Aged About 37 Years, R/o Village And Post Seowa, Tehsil Rajgarh District Churu (Raj.)

2. Sohan Singh Shekhawat (Belt No.1584) S/o Shri Nahar Singh Shekhawat, Aged About 34 Years, R/o Village And Post Dujod, Tehsil Sikar, District Sikar (Raj.)

3. Rajesh Kumar (Belt No.1588) S/o Shri Surendra Kumar, Aged About 34 Years, R/o Dhani Deharan, Post Pritampuri, Tehsil Neemkathana, District Sikar (Raj.)

4. Rajesh Kumar Jat (Belt No.1579) S/o Shri Harphool Singh, Aged About 31 Years, R/o Nirbano Ki Dhani , Post Chirana, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

5. Suresh Kumar Meena (Belt No.1595) S/o Shri Mohan Lal Meena, Aged About 30 Years, R/o Village And Post Pratapgarh, Tehsil Thanagazi, District Alwar(Raj.)

6. Jashkaran Yadav (Belt No.1581) S/o Shri Ghisa Lal, Aged About 32 Years, R/o Village And Post Nagwa, Tehsil - Dhod, District Sikar (Raj.)

7. Ashok Kumar Burdak (Belt No.1586) S/o Shri Rameshwar Lal, Aged About 39 Years, R/o Vpo Banura, Tehsil Dantaramgarh, District Sikar (Raj.)

8. Satya Narayan Sharma (Belt No.1585) S/o Shri Choth Mal Sharma, Aged About 33 Years, R/o Village Ranipura , Post Kansarda, Tehsil Reengus District Sikar (Raj.)

9. Nemichand Sunda (Belt No.1593) S/o Shri Jagdish Prasad Sunda, Aged About 32 Years, R/o Sunda Ki Dhani Post Mohanwari, Tehsil Nawalgarh, District Jhunjhunu (Raj.)

10. Vasudev Lunia (Belt No.1589) S/o Shri Vridhi Chand Lunia, Aged About 37 Years, R/o Village And Post Banura, Tehsil Dantaramgarh, District Sikar (Raj.)

11. Rajendra Singh Shekhawat (Belt No.1580) S/o Shri Kalyan Singh, Aged About 32 Years, R/o Village And Post Bhadwasi, Tehsil Sikar, District Sikar (Raj.)

12. Satpal Singh (Belt No.1592) S/o Shri Sultan Singh, Aged About 37 Years, R/o Village Jantwali Post Churiajitgarh District Jhunjhunu (Raj.)

[2023/RJJD/009699] (2 of 3) [CW-4688/2023]

13. Prem Prakash (Belt No.1587) S/o Shri Bhagwana Ram, Aged About 37 Years, R/o Village And Post Sadeensar, Tehsil Ramgarh Shekhawati, District Sikar (Raj.)

14. Jeevraj Singh (Belt No.1591) S/o Shri Chhatu Singh, Aged About 32 Years, R/o Village And Post Mangloona Tehsil Laxmangarh, District Sikar (Raj.)

15. Om Prakash (Belt No.1583) S/o Shri Mohan Lal, Aged About 37 Years, R/o Bhanipura Tan Balwantpura Post Khanri Via Losal, Tehsil Dantaramgarh, District Sikar(Raj.)

16. Mahipal Singh Meena (Belt No. 1596) S/o Shri Chheetarmal Meena, Aged About 34 Years, R/o Village And Post Mohanpura Via Kochhor Tehsil Dantaramgarh Distt. Sikar (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 (Jaipur Range), Jaipur(Rajasthan.)

4. Superintendent Of Police, Sikar (Raj.)

----Respondents

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

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/04/2023

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.

[2023/RJJD/009699] (3 of 3) [CW-4688/2023]

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 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.

(VINIT KUMAR MATHUR),J 116-Shahenshah/11.04/-

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