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Pratap Singh vs State Of Rajasthan ...
2023 Latest Caselaw 3011 Raj

Citation : 2023 Latest Caselaw 3011 Raj
Judgement Date : 13 April, 2023

Rajasthan High Court - Jodhpur
Pratap Singh vs State Of Rajasthan ... on 13 April, 2023
Bench: Vinit Kumar Mathur

[2023/RJJD/010032] (1 of 4) [CW-4874/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4874/2023

1. Pratap Singh S/o Laxman Singh, Aged About 31 Years, R/o.Village Bhawani Ganw Post Taparwara, Tehsil Parbatsar, District Nagaur (Rajasthan)

2. Bhageerath Ram S/o Sonaram, Aged About 31 Years, R/o.Village And Post Katarla Khileryan, Tehsil Dhorimanna District Barmer (Rajasthan)

3. Ram Chandra Saini S/o Gyarasi Lal Saini, Aged About 30 Years, R/o.Dhani Tibawali Post Ganwari , Tehsil Neemkathana, District Sikar (Rajasthan)

4. Vikram Kumar Saini S/o Suresh Kumar Saini, Aged About 30 Years, R/o.Ardawatiyo Ka Mohalla Chirawa, Tehsil Chirawa, District Jhunjhunu (Rajasthan)

5. Sandeep Kumar S/o Jagdish Prashad, Aged About 30 Years, R/o.Village And Post Bakhatawarpura, Tehsil Chirawa, District Jhunjhunu (Rajasthan)

6. Shriram Choudhary S/o Rameshwar Choudhary, Aged About 36 Years, R/o.Village Vijaypura Post Sunthara, Tehsil Uniyara, District Tonk (Rajasthan)

7. Dilip Singh S/o Lekhraj Singh, Aged About 31 Years, R/o.Plot No. 31 Maa Hinglaj Nagar Vistar Gandhi Path West Girdharipura Jaipur, District Jaipur (Rajasthan)

8. Prem Shankar Saini S/o Shyam Lal Saini, Aged About 32 Years, R/o.267 Jeen Mata Nagar Saini Marg Harnathpura Kalwar Road Jhotwara Jaipur, District Jaipur (Rajasthan)

9. Manvendra Singh S/o Hari Pratap Singh, Aged About 29 Years, R/o.Village And Post Byara Thana Achhnera ,tehsil Kiraoli District Agra(Utterpradesh)

10. Avadesh Kumar S/o Darab Singh, Aged About 29 Years, R/o.Village Ajanhera Post Kalsara Tehsil Bhusawar, District Bharatpur (Rajasthan)

11. Ajit Singh Gurjar S/o Janak Singh Gurjar, Aged About 33 Years, R/o.Village And Post Gahnoli , Tehsil Mahwa, District Dausa (Rajasthan)

12. Khelshankar Tanwar S/o Jagdish Narayan, Aged About 29 Years, R/o.Paldi Meena Agra Road Opp. Rajesh Coach

[2023/RJJD/010032] (2 of 4) [CW-4874/2023]

Near Baba Ramdev Temple, Jaipur District Jaipur (Rajasthan)

13. Narendra Kumar S/o Mahaveer Singh, Aged About 28 Years, R/o.Village And Post Bhaggu Ka Bas, Tehsil Bansur District Alwar (Rajasthan)

14. Desh Raj Sattawan S/o Mangal Ram Meena, Aged About 30 Years, R/o.Village And Post Bhajeda, Tehsil Raini, District Alwar (Rajasthan)

15. Rajesh Meena S/o Sita Ram Meena, Aged About 32 Years, R/o.Village Siroli Bada Tiba Ki Dhani Post Dantli, Tehsil Sanganer, District Jaipur (Rajasthan)

16. Mahipal Singh S/o Hanuman Ram, Aged About 45 Years, R/o.Village And Post Jhajharia Ki Dhani Tehsil Udaipurwati, District Jhunjhunu (Rajasthan)

17. Bhag Chand Tepan S/o Gopal Lal Khatik, Aged About 31 Years, R/o.Village And Post Khatiko Ka Mohala Uniyara Khurd , Tehsil Todaraisingh, District Tonk (Raj.)

18. Khushiram Meena S/o Kaluvaram Meena, Aged About 30 Years, R/o.Village Ulupura Post Kamalpura, Tehsil Bhusawar District Bharatpur(Rajasthan)

19. Amit Kumar Verma S/o Shri Kishan Lal Verma, Aged About 35 Years, R/o.Village And Post Giruri Tehsil Bansur Distt. Alwar (Raj.)

20. Mukesh Kumar Meena S/o Shri Udaa Ram Meena, Aged About 34 Years, R/o.Village And Post Roshanda Tehsil Hindoli Distt. Bundi (Raj.)

21. Rajendra Prasad Yadav S/o Shri Bhagwan Sahai Yadav, Aged About 30 Years, R/o.Village And Post Malikpura Tehsil Kishangarh Renwal Distt. Jaipur (Raj.)

22. Suresh Chand Gurjar S/o shri Mahaveer Prasad Gurjar, Aged About 30 Years, R/o.Village Heeranagar Tehsil Neemkathana Distt. Sikar (Raj.)

23. Somveer Singh S/o Mani Ram, Aged About 29 Years, R/o.Village And Post Bhaisawata Khurd Tehsil Buhana Distt. Jhunjhunu (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through Its Home Secretary,

[2023/RJJD/010032] (3 of 4) [CW-4874/2023]

Secretariat, Jaipur (Raj.)

2. Director General Of Police, Rajasthan, Jaipur

3. Inspector General Of Police (Jaipur Range), Jaipur, (Rajasthan.)

4. Superintendent Of Police, Jaipur, (Raj)

----Respondents

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

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

13/04/2023

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.

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.

[2023/RJJD/010032] (4 of 4) [CW-4874/2023]

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 144-/vivek/-

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