Geeta Kanwar vs State Of Rajasthan ...
2023 Latest Caselaw 1491 Raj

[2023/RJJD/004493]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 2424/2023

1. Geeta Kanwar D/o Shri Ghisu Singh, aged about 28 years, R/o Village and Post Dhingi, Tehsil Taranagar, District Churu (Rajasthan)

2. Praveen Kumar S/o Shri Satinder Kumar, aged about 28 years, R/o Village Dungarsinghpura Post Ganeshgarh, Tehsil Sadul Sahar District Sri Ganganagar (Rajasthan)

3. Kirti Singh S/o Shri Ram Singh, aged about 28 years, R/o Village and Post Ayalki, Tehsil Pilibanga, District Hanumangarh(Rajasthan)

4. Bhagwani D/o Shri Ramkumar, aged about 27 years, R/o Village Sarsar Post Derajshar, Tehsil Sardarshar, District Churu (Rajasthan)

5. Ram Kumar S/o Shri Nanu Ram, aged about 35 years, R/ o Village and Post 54 Lnp Tehsil Padampur, District Sri Ganganagar (Rajasthan)

6. Jitendra Kumar S/o Shri Shish Ram Meena, aged about 34 years, R/o Village and Post Kankaria, Tehsil Khetri, District Jhunjhunu (Rajasthan)

7. Bali Kumari Meena W/o Shri Kunji Lal Meena, aged about 32 years, R/o Village Balahet Post Jirota Tehsil Sapotra, District Karauli (Rajasthan)

8. Manoj Kumar Sain S/o Shri Gyarsi Lal Sain, aged about 29 years, R/o Village Lakha Ki Nangal Post Natha Ki Nangal,tehsil Neemkathana District Sikar (Rajasthan)

9. Kavita Bai Meena D/o Shri Battu Ram Meena, aged about 33 years, R/o Village and Post Intoli ,tehsil Reni District Alwar (Rajasthan)

10. Sita D/o Shri Raja Ram, aged about 36 years, R/o Village 12 TK Post Raisinghnagar Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan)

11. Susheela Kanwar D/o Shri Dharmpal Singh, aged about 29 years, R/o Village and Post Dhingi, Tehsil Taranagar, District Churu (Rajasthan)

12. Poonam Kumari D/o Shri Madan Khan, aged about 28 years, R/o Village and Post Sameja Kothi, Tehsil

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Raisinghnagar District Sri Ganganagar (Rajasthan)

13. Kiran Kour D/o Shri Harbans Singh, aged about 35 years, R/o Village and Post Lilawali, Tehsil Sangria, District Hanumangarh (Rajasthan)

14. Mohan Lal S/o Shri Kashi Ram, aged about 29 years, R/o Village and Post Manniwali, Tehsil Sadulshashar, District Sri Ganganagar (Rajasthan)

15. Sudhir Kumar S/o Shri Surjaram, aged about 32 years, R/ o Village Chak 5 Sd Post Padampur, Tehsil Suratgarh, District Sri Ganganagar (Rajasthan)

16. Mukesh Kumar S/o Shri Hansraj, aged about 33 years, R/ o Village 15 Gb (8Bgd) Post 12 Gb, Tehsil Sri Vijay Nagar, District Sri Ganganagar (Rajasthan)

17. Rohitash Pal S/o Shri Kashi Ram, aged about 35 years, R/ o Ward No. 04 Pilibanga, Tehsil Pilibanga, District Hanumangarh (Raj.)

18. Kamlesh Kumar S/o Shri Dhan Singh, aged about 29 years, R/o Village Bass Kainchki Post Jaluki , Tehsil Nagar, District Bharatpur (Rajasthan)

19. Prakash Chand Meena S/o Shri Jagmohan Meena, aged about 31 years, R/o Village Danpur Post Perveni, Tehsil Reni, District Alwar (Rajasthan)

20. Ramkhiladi Meena S/o Shri Nangram Meena, aged about 36 years, R/o Village Paleda Post Langdiyawas, Tehsil Jamwaramgarh Distt. Jaipur (Raj.)

21. Lala Ram Meena S/o Shri Bhura Ram Meena, aged about 32 years, R/o Village and Post Jhanpda Tehsil Lalsot Distt. Dausa (Raj.)

22. Roshan Lal Meena S/o Shri Dana Ram, aged about 32 years, R/o Jamadaro Ki Dhani Post Madhogarh Tehsil Bassi Distt. Jaipur (Raj.)

23. Lokesh Kumar Meena S/o Shri Ramswaroop Meena, aged about 28 years, R/o Village Boojot Post Geejgarh Tehsil Sikrai Distt. Dausa (Raj.)

24. Ajay Kumar Meena S/o Shri Roopchand Meena, aged about 28 years, R/o Village Aludha Post Ujirna Tehsil Naduati Distt. Karauli (Raj.)

25. Hanuman Sahay S/o Shri Chhaju Ram Meena, aged about

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36 years, R/o Village Deavapura Post Manoharpura Tehsil Bassi Distt. Jaipur (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 (Bikaner Range), Bikaner, (Rajasthan).

4. Superintendent of Police, Sri Ganganagar, (Raj.)

----Respondents

For Petitioner(s) : Mr. Vinod Jhajharia.

Through video conferencing.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

08/02/2023

It is submitted by the counsel for the petitioners that the

issue raised in the present writ petition is covered by the

judgment rendered in the case of 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

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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 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

petitioners would be entitled to the relief.

(ARUN BHANSALI),J 167-DJ/-

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