Pradeep Dudi vs State Of Rajasthan ...
2023 Latest Caselaw 6551 Raj

[2023:RJ-JD:27422]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11853/2023

Pradeep Dudi S/o Sh. Babulal Dudi, Aged About 27 Years, Resident Of Village And Post Dudiyo Ka Bas, Jhalamaliya, Tehsil Bhopalgarh, District - Jodhpur, (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur (Raj.).

2. The Principal Secretary, Department Of Finance (Rules), Government Of Rajasthan, Government Secretariat, Jaipur, (Raj.).

3. Director General Of Police, Police Head Quarter, Lal Kothi, Jaipur (Raj.).

4. Superintendent Of Police, Baran, District - Baran, (Raj.).

----Respondents

For Petitioner(s) : Mr. O. P. Sangwa

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

29/08/2023

It is submitted by the counsel for the petitioner 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.

[2023:RJ-JD:27422] (2 of 2) [CW-11853/2023]

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 petitioner is disposed of with similar directions to the

respondent Nos.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 280-Shahenshah/-

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