Rajasthan High Court - Jodhpur

Savita (Belt No. 11368) vs State Of Rajasthan (2023:Rj-Jd:44935) on 21 December, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:44935]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 19755/2023
1.       Savita (Belt No. 11368) D/o Shri Jaisingh, Aged About 30
         Years, R/o Village And Post Noohand, Tehsil Rajgarh
         District Churu (Rajasthan)
2.       Rishi Kumar (Belt No. 11303) S/o Shri Bachchu Singh,
         Aged About 30 Years, R/o Village Ankholi Post Januthar,
         Tehsil Deeg, District Deeg (Rajasthan)
3.       Ranveer Singh (Belt No. 11151) S/o Shri Radhacharan,
         Aged About 33 Years, R/o Village And Post Moroli , Tehsil
         Deeg, District Deeg (Rajasthan)
4.       Hariom Meena (Belt No. 11431) S/o Shri Harlal Meena,
         Aged About 38 Years, R/o Village And Post Adoli , Tehsil
         Laxmangarh , District Alwar(Rajasthan)
5.       Chhoti Meena (Belt No. 11432) D/o Shri Harlal Meena,
         Aged About 30 Years, R/o Village And Post Adoli, Tehsil
         Laxmangarh, District Alwar (Rajasthan)
6.       Mamta Meena (Belt No. 11255) D/o Shri Ramawatar,
         Aged About 30 Years, R/o Village And Post Kanchanpura,
         Tehsil Shrimadhopur, District Sikar (Rajasthan)
7.       Rekha (Belt No. 11254) W/o Shri Rakesh Kumar, Aged
         About 31 Years, R/o Village And Post Udawala Ghashipura
         Tehsil Shapura , District Jaipur (Rajasthan)
8.       Pooja Choudhary (Belt No. 11223) D/o Shri Arjun Lal,
         Aged About 30 Years, R/o Village Sundariya Post
         Motlawas, Tehsil Dantaramgadh District Sikar (Rajasthan)
9.       Mamta Kumari (Belt No. 10586) D/o Shri Roopchand
         Meena, Aged About 29 Years, R/o Village And Post
         Ramgadh    Murada    Tehsil  Gangapurcity   Distt.
         Sawaimadhopur (Raj.)
10.      Usha Diwan (Belt No. 11395) D/o Shri Boduram Diwan,
         Aged About 31 Years, R/o Village Partappura Post Jorpura
         Via Jobner Distt. Jaipur (Raj.)
11.      Lalita Kumari (Belt No. 11422) D/o Shri Jagmal Singh,
         Aged About 38 Years, R/o Village Bas Bajawa Post Bajawa
         Rawat Ka Via Baragaon, Tehsil Udaipurwati Distt.
         Jhunjhunu (Raj.)
12.      Lalit Kumar Sharma (Belt No. 11240) S/o Shri Satish
         Chand Sharma, Aged About 32 Years, R/o Village And
         Post Bahaj Tehsil Deeg Distt. Bharatpur (Raj.)
13.      Anita Bai Gurjar 9Belt No. 11406) D/o Shri Nathu Singh
         Gurjar, Aged About 28 Years, R/o Village Basda Post
         Sodala Tehsil Bandikui Distt. Dausa (Raj.)
14.      Manju Gurjar (Belt No. 11446) D/o Shri Babulal Gurjar,


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         Aged About 30 Years, R/o Village Sarr Post Joun Tehsil
         Nangal Distt. Dausa (Raj.)
15.      Neeraj Bai Awana (Belt No. 11417) D/o Shri Ramavtar
         Awana, Aged About 30 Years, R/o Village Nimali Post
         Kolwa Tehsil And Distt. Dausa (Raj.)
16.      Anguri Meena (Belt No. 11288) D/o Shri Ramgopal
         Meena, Aged About 33 Years, R/o Village And Post Sindoli
         Banda Ki Dhani Tehsil Dausalgila Distt. Dausa (Raj.)
17.      Raju Kumari Meena (Belt No. 11462) D/o Shri Bhonri Lal
         Meena, Aged About 33 Years, R/o Village And Post
         Malarna Tehsil Dausa Distt. Dausa (Raj.)
18.      Sandeep Kumar Yadav (Belt No. 11256) S/o Shri Ramjilal
         Yadav, Aged About 30 Years, R/o Village Fatehpura Kalan
         Post Kansli Distt. Kotputli (Raj.)
19.      Teekam Chand Choudhary (Belt No. 10527) S/o Shri
         Ganesh Narayan Jat, Aged About 30 Years, R/o Village
         And Post Biharipura Tehsil Mozmabad Distt. Dudu (Raj.)
20.      Aanoo Kumar Meena (Belt No. 11418) S/o Shri
         Ghamandee Ram Meena, Aged About 33 Years, R/o
         Village And Post Nangal Lat Tehsil Todabhim Distt. Karauli
         (Raj.)
21.      Nehru Singh Gurjar (Belt No. 11151) S/o Shri Kishan Lal
         Gurjar, Aged About 32 Years, R/o Village And Post
         Bhatpura Thana Baswa Distt. Dausa (Raj.)
22.      Anita Meena (Belt No. 11421) D/o Shri Ram Prasad
         Meena, Aged About 36 Years, R/o Village Agawali Post
         Gandrawa Tehsil Sikrai Distt. Dausa (Raj.)
23.      Ravi Prakash (Belt No. 11225) S/o Shri Tarachand, Aged
         About 35 Years, R/o Village Puhaniya Tehsil Buhana Distt.
         Jhunjhunu (Raj.)
24.      Krishna Baswal (Belt No. 11334) S/o Shri Bhawani Sahai
         Baswal, Aged About 29 Years, R/o Village And Post Barrod
         Tehsil Behror Distt. Kotputli Behror (Raj.)
25.      Kanaram (Belt No. 11390) S/o Shri Kajod Mal Meena,
         Aged About 32 Years, R/o Village Kelnwash Post Ramgarh
         Banda Tehsil Jamwaramgarh Distt. Jaipur (Raj.)
26.      Savariya Carpenter (Belt No. 11419) S/o Shri Kailash
         Chand, Aged About 31 Years, R/o Village And Post Luhara
         Tehsil Niwai Distt. Tonk (Raj.)
27.      Lokesh Meena (Belt No. 11363) S/o Shri Sita Ram Meena,
         Aged About 30 Years, R/o Village Pachunda Post
         Shivdaspura Tehsil Chaksu Distt. Jaipur (Raj.)
28.      Mahipal Bayanla (Belt No. 10808) S/o Shri Girdhari Lal,
         Aged About 29 Years, R/o Village Dhani Hariyala Post

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         Dariba Distt. Neemkathana (Raj.)
29.      Yogesh Kumar Jat (Belt No. 10997) S/o Shri Girdhari Lal,
         Aged About 29 Years, R/o Ward No. 19 Ramgarh Tehsil
         Dantaramgarh Distt. Sikar (Raj.)
                                                                        ----Petitioners
                                         Versus
1.       State Of Rajasthan, Through                       Its      Home      Secretary,
         Secretariat, Jaipur (Raj.)
2.       Director General Of Police, Rajasthan, Jaipur.
3.       Inspector General              Of   Police     (Jaipur       Range),       Jaipur,
         (Rajasthan)
4.       Commissioner Of Police, Jaipur, (Raj)
                                                                      ----Respondents


For Petitioner(s)            :     Mr. Vinod Jhajharia, through V.C.
For Respondent(s)            :     --


            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

21/12/2023

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 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

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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."