Rajasthan High Court - Jodhpur
Nirmal Kumar vs State Of Rajasthan ... on 29 August, 2023
Bench: Vinit Kumar Mathur
[2023:RJ-JD:27434]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12847/2023
1. Nirmal Kumar S/o Mallaram, Aged About 30 Years, By
Caste Bishnoi, R/o Charno Ki Dhani Village Post Ren Teh.
Merta City, Nagaur (Posted At Constable Bel No. 53 Dist.
Baran).
2. Rajuram Gila S/o Hanuman Ram, Aged About 30 Years,
By Caste Jat, R/o Modi Charna Teh. Makrana Dist. Nagaur
(Posted At Constable Belt No. 123 Dist. Baran At Present
Belt No. 1391 Dist. Ajmer).
3. Vikash Kumar Sharma S/o Ramswaroop Sharma, Aged
About 29 Years, 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, By Caste Jat,
R/o Narena Chok Teh. Dig, Bharatpur (Posted At
Constable Belt No. 241 Dist. Baran At Present Belt No.
945 Karoli).
5. Rameshwar Lal S/o Likhmaram, Aged About 29 Years,
Jipawar Thana Maroth Tehl. Nava Dist. Nagaur (Posted At
Constable Belt No. 91 Dist. Baran).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Home Secretary,
Secretariat, Rajasthan, Jaipur.
2. The District General Of Police, Police Headquarter, Jaipur.
3. Inspector General Of Police, Baran, Rajasthan.
4. The Superintendent Of Police, Baran.
----Respondents
For Petitioner(s) : Mr. Deepak Verma
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
29/08/2023
[2023:RJ-JD:27434] (2 of 2) [CW-12847/2023]
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:
"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
350-Shahenshah/-
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