Nirmal Kumar vs The State Of Rajasthan
2023 Latest Caselaw 5827 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11133/2023

1. Nirmal Kumar S/o Mallaram, Aged About 30 Years, By Caste Bishnoi, R/o Charno Ki Dhani, Village Post Ren Teh. Merta City, Dist. Nagaur (Posted At Constable Belt No. 53 Dist. Baran).

2. Rajuram Gila S/o Hanuman Ram, Aged About 30 Years, Modi Charna Teh. Makrana Dist. Nagaur (Posted At Constable Belt N. 123 Dist. Dist. Baran At Present Belt No. 1391 Dist Ajmer).

3. Vikash Kumar Sharma S/o Ramswaroop Sharma, Aged About 29 Years, By Caste Brahmin, R/o Udavala Teh. Dausa Dist. Dausa (Posted At Constable Belt No. 103 Dist. Baran At Present Belt No. 1009 Dist Jaipur Rular).

4. Deshraj S/o Lalsingh, Aged About 34 Years, Narena Chok Teh. Dig Bharatpur (Posted At Constable Belt No. 241 Dist. Baran At Present Belt No. 945 Karoli).

5. Rameshavar Lal S/o Likhmaram, Aged About 29 Years, By Caste Jat, R/o Jipawar Thana Maroth Teh. Nava Dist. Nagaur (Posted At Constable Belt No. 91 Dist. Baran).

----Petitioners Versus

1. The State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur.

2. The Director General Of Police, Police Headquarter, Jaipur.

3. Inspector General Of Police, Kota Range, Kota, Rajasthan.

4. The Superintendent Of Police, Kota.

                                                   ----Respondents


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



             HON'BLE JUSTICE DR. NUPUR BHATI

                                    Order

11/08/2023

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.Civil

Writ 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:

(2 of 2) [CW-11133/2023]

"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."

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).

(DR. NUPUR BHATI),J 112-Sanjay/-

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