Rajasthan High Court - Jodhpur

Surendra Singh vs State Of Rajasthan (2023:Rj-Jd:44466) on 19 December, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:44466]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 19562/2023

1.       Surendra Singh S/o Sh. Nyol Singh, Aged About 40 Years,
         Belt No.1532, Village/post - Ladhasar Dist. Churu. (Raj.)
2.       Pawan Kumar S/o Shri Mange Ram, Aged About 37 Years,
         Belt No.1670, Village-Chand Gothi, Teh. Rajgarh, Dist-
         Churu.(Raj.).
3.       Nand Lal Singh S/o Shri Bhim Singh, Aged About 44
         Years, Belt No.1815 Village- Ward No.12, Tarpura, Dist.-
         Sikar. (Raj.).
4.       Subhash Chandera S/o Sh. Aatma Ram, Aged About 25
         Years, Belt No.1102, Village- Jaitpura, Dist. Bikaner.
         (Raj.).
5.       Jitendra Meena S/o Shri Vijendra Meena, Aged About 24
         Years, Belt No.1324, Village Charch Wali Gali Tilak Nagar,
         Dist. Bikaner. (Raj.)
6.       Ashish Meena S/o Shri Hanuman Sahay Meena, Aged
         About 24 Years, Belt No.1347, Village Guda Churani,
         Tehsil- Thanagazi, Dist Alwar. (Raj.)
7.       Balram Meena S/o Shri Rang Lal Meena, Aged About 25
         Years, Belt No.1031, Village / Post -Makroda, Tehsil-Raini,
         Dist.-Alwar. (Raj.)
8.       Mahipal Meena S/o Shri Hari Singh Meena, Aged About 29
         Years, Belt No.1248, Village Ajmeri, Tehsil-Srimadhupur,
         Dist Sikar. (Raj.)
9.       Manisha Kumari Meena D/o Shri Rambharosi Meena, Aged
         About       24     Years,      Belt     No.1513,             Vpo   -   Rampura,
         Karanpura, Tehsil- Raini,dist. Alwar. (Raj.)
10.      Ram Bhajan Meena S/o Shri Kalu Ram Meena, Aged
         About 29 Years, Belt No.929, Village/ Post -Dhani Amliya
         Ki, Heerapura, Tehsil- Andhih, Dist. Jaipur Rural. (Raj.)
11.      Mamta Jakhar D/o Shri Sushil Kumar Jakhar, Aged About
         32    Years,      Belt      No.774,        Vpo      Sahib      Nagar    Colony,
         Saranawas Road, Nagaur. (Raj.)
12.      Satyaveer Singh S/o Shri Samandar Singh, Aged About
         41 Years, Belt No.417, Village - Basaiya Abhai, Dist.
         Bharatpur. (Raj.)
13.      Manoj Kumar S/o Shri Prabhu Ram, Aged About 37 Years,


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         Belt No.1534, Village-Agwana Khurd, Dist. Jhunjhunu.
         (Raj.)
14.      Revntram Tard S/o Shri Ramrakh Tard, Aged About 41
         Years, Belt No.1667 Village -1084, Birmari Bas, Jasrasar,
         Dist Bikaner. (Raj).
15.      Raj Kumar Meena S/o Shri Babu Lal Meena, Aged About
         24 Years, Beil No.1224, Vpo Burjala Mohalla, Shyalawas,
         Paparda, Tehsil-Nangal Rajawtan, Dist- Dausa. (Raj.)
16.      Mahendra Kumar S/o Shri Poonama Ram, Aged About 25
         Years, Belt No. 1152, Village/post Valmiki Nagar, Mojiya
         Vas, Ward No.07, Sanchore, Dist. -Jalore. (Raj.)
17.      Manoj Ola S/o Shri Ram Singh, Aged About 40 Years, Belt
         No.1662, Village/post-Ardawala, Tehsil- Chirawa, Dist.-
         Jhunjhunu. (Raj.)
18.      Sandeep Kumar S/o Shri Vishwanath Sharma, Aged About
         38 Years, Belt No.1710, Village - Rasiya Ki Dhani, Guda
         Goudji,tehsil Udaipurwati, Dist. Jhunjhunu, At Present R/o
         Riico Industrial Area, Chirawa, Dist. Jhunjhunu. (Raj.)
19.      Liladhar S/o Shri Kana Ram, Aged About 41 Years, Belt
         No.1896, Village - Khuriya, Badangarh, Tehsil-Chirawa,
         Dist. Jhunjhunu. (Raj.)
20.      Chander Veer Singh Bhati S/o Shri Gulab Singh Bhati,
         Aged About 43 Years, Belt No.1751, Village - Chhaneri,
         Tehsil- Kolayat, Dist. Bikaner. (Raj.)
21.      Sita D/o Shri Dhanpat Nath, Aged About 25 Years, Belt
         No.918, Village - Kocharan Bad, Bambloo, Dist. Bikaner.
         (Raj.)
22.      Bheem Singh Meena S/o Shri Manohari Lal Meena, Aged
         About 40 Years, Belt No.2016, Village - Khirkhira, Tehsil-
         Sapotra, Dist. Karauli. (Raj.)
23.      Suman Swami D/o Shri Kan Das Swami, W/o Late Sh.
         Ramwtar Swami, Aged About 29 Years, Belt No.1721,
         Village - Ghirdoda Mitha, Didwana, At Present R/o Salasar
         Road, Ward No.35, Duliya, Sujangarh, Dist. Churu. (Raj.)
24.      Gita Saran D/o Shri Bhanwar Lal Saran, Aged About 29
         Years, Belt No.977, Village - Girwarsar, Tehsil-Bidasar,
         Dist. Churu. (Raj.)
25.      Bablu Janagal S/o Shri Sohan Janagal, Aged About 25
         Years, Belt No.884, Village - Nokha Raod, Kishmidesar,

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         Dist. Bikaner. (Raj.)
26.      Surendra Singh Shekhawat Spouse/o Shri Geeg Singh
         Shekhawat, Aged About 43 Years, Belt No.1868, Village -
         Rawatsar Koojla,tehsil- Rajgarh, Dist. Churu. (Raj.)
27.      Bhageerath Meghawal S/o Shri Moola Ram, Aged About
         31 Years, Belt No.1054, Village - Pemasar, Udasar, Dist.
         Bikaner. (Raj.)
28.      Karam Veer Singh S/o Shri Gordhan Singh, Aged About
         42 Years, Belt No.1895, Village - Shihor, Tehsil-Khetri,
         Dist. Jhunjhunu. (Raj.)
29.      Amar Singh Inda S/o Shri Bhanwar Singh Inda, Aged
         About 40 Years, Belt No.1762, Village - Malu Punavat
         Nagar, Tehsil- Sekhala, Dist. Jodhpur. (Raj.)
30.      Jai Singh S/o Shri Harlal Singh, Aged About 41 Years, Belt
         No.1878, Village - Dhani Purohitan Ki, Dist. Jhunjhunu.
         (Raj.)
31.      Vijay Bhakar S/o Shri Sukh Ram Bhakar, Aged About 41
         Years, Belt No.1720, Village - Mandukara, Post Toshina,
         Tehsil And Dist. Didwana. (Raj.)
32.      Ajayraj Meena S/o Shri Banwari Lal Meena, Aged About
         25 Years, Belt No.682, Village - Mundiyawas, Thanagazi,
         Dist. Alwar. (Raj.)
33.      Amar Chand S/o Shri Phusa Ram, Aged About 28 Years,
         Belt No.996, Village - Kunpalsar, Shri Dungargarh, Dist.
         Bikaner. (Raj.)
34.      Hansraj Meghwal S/o Shri Govind Meghwal, Aged About
         29 Years, Belt No.473, Village - Ward No.11, Serera, Dist.
         Bikaner. (Raj.)
35.      Bharat Singh S/o Shri Ratan Singh, Aged About 40 Years,
         Belt No.1790, Village - Ward No.14, Near N.c.c Office
         Shekhawat Colony, Churu, (Raj.)
36.      Bharti Meena D/o Shri Gajraj, Aged About 21 Years, Belt
         No.1694, Village - Khirkhiri, Dist. Karauli. (Raj.)
                                                                 ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Its Secretary, Department Of
         Home, Government Secretariat, Jaipur (Raj.)
2.       The Principal Secretary, Department Of Finance (Rules),

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         Government       Of    Rajasthan,         Government        Secretariat,
         Jaipur. (Raj.)
3.       Director General Of Police, Police Head Quarter, Lal Kothi,
         Jaipur (Raj.).
4.       Superintendent Of Police, Bikaner, District - Bikaner.
         (Raj.)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. OP Sangwa
For Respondent(s)         :     Mr. Manish Vyas, AAG



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

19/12/2023

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 that 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.