Manoj Jatav vs The State Of Rajasthan ...
2023 Latest Caselaw 6494 Raj

[2023:RJ-JD:27435]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12909/2023

1. Manoj Jatav S/o Shri Ramniwas, Aged About 31 Years, Resident Of Village Post Nurnagar, P.s. Kishangarhbas, Distt. Alwar, Belt No. 2386.

2. Rajesh Kumar Jatav S/o Shri Kailash Chand, Aged About 35 Years, Resident Of Village Berla, P.s. Laxmangarh, Distt. Alwar, Belt No. 2364.

3. Jitendra Verma S/o Shri Amar Singh Verma, Aged About 37 Years, R/o Village Post Mojpur, P.s. Laxmangarh, Distt. Alwar, Belt No. 2366.

4. Ramesh Chand S/o Shri Nihal Chand, Aged About 37 Years, R/o Village Dhantor, Post Dantiya, P.s. Khedli, Distt. Alwar, Belt No. 2382.

5. Rajesh Kumar Baswal S/o Shri Sriram Baswal, Aged About 35 Years, Resident Of Village Post Laxmangarh, Distt. Alwar, Belt No. 2365.

6. Premvati D/o Shri Harisingh, Aged About 35 Years, R/o Village Post Choma, P.s. Ramgarh, Distt. Alwar, Belt No. 2367.

7. Seena Bai Meena D/o Shri Shri Bharat Lal Meena, Aged About 36 Years, Resident Of Village Post Bhikahedi, P.s. Laxmangarh, Distt. Alwar, Belt No. 2377.

8. Mishri Bai Meena D/o Shri Ramkhilari Meena, Aged About 34 Years, Resident Of Village Post Bhuleri, P.s. Reni, Dist. Alwar, Belt No. 2379.

9. Shahruna Bano D/o Shri Samsu Khan, Aged About 32 Years, R/o Plot No. 3, Jyoti Nagar, Near Dainik Bhaskar Office, Alwar, Belt No. 2378.

10. Manju Bai Saini D/o Shri Ram Singh Saini, Aged About 30 Years, R/o Gadhmadiya Ki Dhani, Bavdi Kheda, Post Hingota, Tehsil Baswa, Distt. Dausa, Belt No. 2380.

11. Heera Bai Meena D/o Shri Kajodmal Meena, Aged About 33 Years, Resident Of Village Padak Chapli, P.s. Pratapgarh, Distt. Alwar, Belt No. 2374.

12. Sharmila Yadav D/o Shri Indraj Singh Yadav, Aged About 34 Years, Resident Of Village Post Mehatwas, Tehsil Neemrana, Distt. Alwar, Belt No. 2373.

[2023:RJ-JD:27435] (2 of 3) [CW-12909/2023]

13. Sunita Meena D/o Shri Ranjeeta Meena, Aged About 37 Years, R/o Village Iswana, Post Babeli, Tehsil Reni, Distt. Alwar, Belt No. 2371.

14. Dhanbai Meena D/o Shri Ghoormal Meena, Aged About 38 Years, R/o Reni, P.s. Reni, Distt. Alwar, Belt No. 2368.

15. Anita Yadav D/o Shri Sheeshram Yadav, Aged About 29 Years, R/o Village Post Rampur, P.s. Bansur, Distt. Alwar, Belt No. 2369/637.

16. Kavita Kumari D/o Shri Balvan Singh Jat, Aged About 33 Years, R/o Village Post Baghana, Tehsil Kotkasim, Distt. Alwar, Belt No. 2381/133.

17. Angoori Bai Meena D/o Shri Radhakishan Meena, Aged About 34 Years, R/o House No. 549, Opposite Munshi Ramdasji Ki Haveli, Gangople, Jaipur, Belt No. 2376/2531.

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

4. The Superintendent Of Police, Alwar, Distt. Alwar.

                                                                  ----Respondents


For Petitioner(s)           :    Mr. Deepak Verma

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

29/08/2023

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.

[2023:RJ-JD:27435] (3 of 3) [CW-12909/2023]

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."

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).

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.

(VINIT KUMAR MATHUR),J 354-Shahenshah/-

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