Rajasthan High Court - Jodhpur

Arun Kumar vs The State Of Rajasthan on 19 April, 2023

Bench: Vinit Kumar Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5250/2023

1. Arun Kumar S/o Bansi Lal, Aged About 36 Years, R/o Khemani Jangu, Fatehsagar, Peelwa, Jodhpur, 342309

2. Rajaram S/o Jassa Ram, Aged About 34 Years, R/o Bajrang Nagar, Surpura, Phalodi, Malasingh Ki Sidh, Jodhpur 342307.

3. Prabh Ram S/o Puna Ram, Aged About 31 Years, R/o Meghwalo Ka Bas, Village Anwana, Tehsil Baori, District Jodhpur, 342037

4. Rakesh Kaswa S/o Pancha Ram, Aged About 31 Years, R/ o Tehsil Bhopalgarh, Ustra, Jodhpur, 342603

5. Sanjay Dara S/o Kishna Ram, Aged About 30 Years, R/o Bhagwan Nagar, Bhinyasar, Jodhpur, 342311.

6. Bhanwarlal Bishnoi S/o Thakra Ram, Aged About 33 Years, R/o Kala Bhata Dhandhiya, Luni, District Jodhpur

7. Gajendra Lal S/o Chima Ram, Aged About 37 Years, R/o Bhakro Ki Dhani, Baithwasiya Osian, Jodhpur, Rajasthan, 342303

8. Mahipal S/o Surja Ram, Aged About 30 Years, R/o Godawas Kalla, Barmer, Rajasthan, 344026

9. Mahendra Kumar S/o Laduram, Aged About 34 Years, R/o Hamir Nagar, Feench, Jodhpur, Rajasthan 342801

10. Ravindar Kumar S/o Sher Singh, Aged About 34 Years, R/ o Bhagela Churu, Rajasthan, 331023.

11. Sarwan Kumar S/o Harchand Kumar Jesla, Aged About 30 Years, R/o Jaisla Jodhpur 342311.

12. Nirma W/o Ashok Kumar, Aged About 28 Years, R/o 103, Magra Pada, Dholiya, Jaisalmer 345031.

13. Saroj W/o Shravan Ram, Aged About 28 Years, R/o Padasala, Jodhpur, 342303

14. Shankar Lal, Aged About 30 Years, R/o Dhandiya, Luni, Jodhpur, 342802.

15. Naveen Khoja S/o Ravi Kishan, Aged About 29 Years, R/o Tehsil Nagaur, Gagwana, Rajasthan 341027

16. Ganesharam S/o Aidan Ram, Aged About 32 Years, R/o Berado Ki Dhaniya, Tehsil Dhundhara, Osian, Jodhpur, Rajasthan 342303

(2 of 6) [CW-5250/2023]

17. Rameshwar S/o Rooparam, Aged About 30 Years, R/o Vijay Nagar, Naneu, Phalodi, Jodhpur, Rajasthan, 342301

18. Dhanna Ram S/o Rawata Ram, Aged About 32 Years, R/o 240, Godara, Jakhan, Jodhpur, 342312

19. Shishpal S/o Birbal Ram, Aged About 31 Years, R/o Thalodo Ki Dhani, Asolai, Khinchan, Jodhpur, 342306

20. Mohanlal S/o Sajan Ram, Aged About 30 Years, R/o Bhura Ki Dhani, Karola, Jalor, Rajasthan, 343041

21. Kanaram S/o Ramdeen, Aged About 33 Years, R/o Makan No. 5, Pabuji Ka Devra, Lawari, Gajsinghpura, Jodhpur, 342901

22. Pappa Ram S/o Babu Ram, Aged About 29 Years, R/o Godawas, Barmer, 344026

23. Prakash Ram S/o Kanwar Ram, Aged About 29 Years, R/o Bandra, Jodhpur, 342606.

24. Pawan Kumar S/o Bhikha Ram, Aged About 30 Years, R/o Jalu Nagar, Motai, Jodhpur, 342301

25. Babu Lal Choudhary S/o Kanaram Choudhary, Aged About 37 Years, R/o Plot No. 22, Surya Vihar, Near Army Bournty, Sadliya, Jodhpur, 342001

26. Shyam Lal S/o Sahi Ram, Aged About 29 Years, R/o Dhayalo Ki Dhani, Dangiawas, Jodhpur, 342027

27. Shobha Ram S/o Annaram, Aged About 32 Years, R/o Sadar, Jodhpur, 342606

28. Bhagirath Prasad S/o Ratan Singh, Aged About 29 Years, R/o Kishanpura, Rosawa, Sikar, 332304

29. Ramesh Kumar S/o Maniram, Aged About 29 Years, R/o Ward No7, Harijan Mohalla, 6 Sdr, Gandhibari, Hanumangarh, 335501

30. Subhash Vishnoi S/o Mangi Lal, Aged About 31 Years, R/o Jakhar Ki Dhani, Jaroda Kalan, Nagaur, 341511

31. Padam Singh S/o Ajit Singh, Aged About 29 Years, R/o Thimoli, Sikar, 332307

32. Asha Ram S/o Kumbha Ram, Aged About 30 Years, R/o Lumbhaniyo Ki Dhani, Padasala, Jodhpur, 342303

33. Mahipal S/o Kalu Ram, Aged About 30 Years, R/o Madaliyo Ki Dhani, Panchlasiddha, Nagaur, 341025

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34. Sadma Ram S/o Mangla Ram, Aged About 35 Years, R/o Devli Jaat, Jambha Ki Dhani, Jodhpur, 342301

35. Shyam Sundar S/o Manohar Ram, Aged About 29 Years, R/o Bhuraniyo Ki Dhani, Nokhra Chaman, Jodhpur, 342311

36. Babu Lal S/o Roopa Ram, Aged About 31 Years, R/o Kushlawa, Phalodi, Jodhpur, 342314

37. Mahiram S/o Karna Ram Vishnoi, Aged About 35 Years, R/ o Chak, Dhadho, Jodhpur, 345021

38. Omprakash Jakhar S/o Sujaram, Aged About 31 Years, R/ o Jakharo Ka Bas, Salwa Kalan, Jodhpur, 342317

39. Choukha Ram S/o Durga Ram, Aged About 29 Years, R/o Apartment No 308, Jangu Jaato Ki Dhani, Palli, Jodhpur, 342302

40. Ramkumar S/o Mukhram, Aged About 31 Years, R/o 15 Ptd, Sameja Kothi, Raisinghnagar, 335021

41. Shravan Jakhar S/o Rampal, Aged About 30 Years, R/o Pipaliya Nada, Salwa Kallan, Jodhpur, 342027

42. Naresh Kumar S/o Babu Lal, Aged About 30 Years, R/o Sarupani Dhani, Moolraj Lohawat, Jodhpur, 342302

43. Dinesh S/o Bhanwar Lal, Aged About 28 Years, R/o Laxman Nagar, Tehsil Phalodi, Jodhpur, 342312

44. Prakash S/o Harchandram, Aged About 28 Years, R/o Purvi Dhani, Jambheshwar Nagar, Phalodi, Jodhpur 342302

45. Shekhar S/o Hariram, Aged About 32 Years, R/o Sahuon Ki Dhaniyan, Gudha Vishnoiyan, Jodhpur, 342802

46. Deva Ram S/o Dana Ram, Aged About 35 Years, R/o Jaaniyo Ki Dhaniyan, Kinjari, Jodhpur, 342312

47. Gena Ram S/o Gordhan Ram, Aged About 29 Years, R/o Shergarh, Barnau, Jodhpur, 342309

48. Anopa Ram S/o Jetha Ram Siyol, Aged About 32 Years, R/ Sri Krishannagar, Laxman Nagar, Jodhpur, 342312

49. Santok Ram S/o Bhinya Ram, Aged About 31 Years, R/o Birado Ka Bas, Lalki, Pali, 306421

50. Kailash Chandr S/o Arjun Ram, Aged About 31 Years, R/o Kharajgo Ki Dhani, Nokhra Charnan, Aau, Jodhpur, 342311

(4 of 6) [CW-5250/2023]

51. Rajendra Kumar Saran S/o Arjunram Bishnoi, Aged About 34 Years, R/o Kherajgo Ki Dhani, Nokhra Charnan, Aau, Jodhpur, 342311

52. Anil Choudhary S/o Bhanwar Lal, Aged About 28 Years, R/ o Thoriyo Ka Bas, Salwa Kallan, Jodhpur, 342027

53. Balkishan S/o Gordhan Ram, Aged About 30 Years, R/o Khara, Jodhpur, 345023

54. Ashok Kumar S/o Birbal Ram, Aged About 29 Years, R/o Lakheta Matora, Osian, Jodhpur, 342311

55. Mohan Ram S/o Jiya Ram, Aged About 35 Years, R/o Dogiyalo Ki Dhaniya, Riniya, Osian, Jodhpur, 342306

56. Bhajan Lal S/o Kishna Ram, Aged About 32 Years, R/o 96, School Ke Pass, Godawas Kalan, Jodhpur, 344026

57. Suresh Kumar S/o Dhana Ram, Aged About 31 Years, R/o Samrathalpura, Sri Laxman Nagar, Tehsil Phalodi, Jodhpur, 342312

58. Bhawani Singh Inda S/o Takhat Singh Inda, Aged About 30 Years, R/o Sutharo Ki Dhani, Denok, Phalodi, Jodhpur, 342308

59. Sanjay Bishnoi S/o Bhikha Ram, Aged About 32 Years, R/ o Phalodi, Motai, Jodhpur, 342301

60. Mahipal Bishnoi S/o Bhikharam Bishnoi, Aged About 34 Years, R/o Bhaduon Ki Dhani, Motai, Jodhpur, 342301

61. Bhanwari D/o Shri Chand, Aged About 32 Years, R/o Sikrali, Nagaur, 341316

62. Prakash Goswami S/o Mangu Puri Goswami, Aged About 29 Years, R/o Ward No 9, Tehsil Nawa, District Nagaur

63. Bhalmati Vishnoi, Aged About 31 Years, R/o Bhaduo Ki Dhani, Motai, Jodhpur, 342301

----Petitioners Versus

1. The State Of Rajasthan, Through The Secretary, Home Department, C-Scheme, Ashok Nagar, Jaipur, Rajasthan 302007

2. The State Of Rajasthan, Through The Superintendent Of Police, Jodhpur (Rural).

(5 of 6) [CW-5250/2023]

3. The State Of Rajasthan, Through The Inspector General Of Police, Jodhpur, Rajasthan

----Respondents

For Petitioner(s) : Mr. Ratana Ram For Respondent(s) :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/04/2023

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 Co-ordinate Bench ofthis

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 redaressed, 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 13.12.2002 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

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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."

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).

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 petitioner

would be entitled to the relief.