Hemant Kumar Meena vs State Of Rajasthan ...
2023 Latest Caselaw 1682 Raj

[2023/RJJD/005154]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 2668/2023

1. Hemant Kumar Meena S/o Shri Radhe Shyam Meena, aged about 29 years, Resident of Village Pahari Meeran, Post Manchi, Tehsil Karauli, Distt. Karauli, Belt No. 1021, working in Udaipur District.

2. Devendra Kumar Meena S/o Shri Laxman Lal Meena, aged about 30 years, R/o Village Palsiya Post and Tehsil Kherwara, Distt. Udaipur, Belt No. 2614, working in Udaipur District

3. Lalit Kumar Jat S/o Shri Mittha Lal Jat, aged about 38 years, R/o Village Post Rundera, Tehsil Vallabh Nagar, Distt. Udaipur, Belt No. 2735, working in Udaipur District

4. Kanta Choudhary D/o Shri Sohan Lal Jat, aged about 30 years, R/o Village Post Barkeshya Ki Dhani, Paldi Salemabadh, Distt. Ajmer, Belt No. 2636 working in Udaipur District

5. Sharwan Kumar S/o Shri Bheraram Choudhary, aged about 37 years, R/o Village Dookiyo Ki Dhani, Post Gotan, Tehsil Merta City, Distt. Nagaur, Belt No. 2592, working in Udaipur District

6. Leelaram Purohit S/o Shri Jutharam Purohit, aged about 32 years, R/o Village Post Sariyana, Tehsil Bhinmal, Distt. Jalore, Belt No. 2751, working in Udaipur District

7. Sumer Singh Meena S/o Shri Ramesh Chand Meena, aged about 28 years, R/o Village Kunjela, Post Kunjela, Tehsil Nadoti, Distt. Karauli, Belt No. 1097, working in Udaipur District

8. Umesh Kumar S/o Shri Babu Lal, aged about 32 years, R/ o Vpo Hamirpur, Tehsil Bansur, Distt. Alwar, Rajasthan. Belt No. 2596, working in Udaipur District

9. Chetan Prakash Meghwal S/o Shri Bheru Lal Meghwal, aged about 35 years, R/o. Vpo Bambora, Tehsil Girwa, Distt. Udaipur, Belt No. 2590, working in Udaipur District

10. Hitesh Kumar Bunker S/o Shri Chandu Lal, aged about 39 years, R/o Village Post Gamothwara, Tehsil Sagwara, Distt. Dungarpur, Rajasthann, Belt No. 2749, working in Udaipur District

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11. Rajendra Kumar S/o Shri Gurumali, aged about 36 years, R/o Village Kaimala, Post Desula, Distt. Alwar, Belt No. 826, working in Udaipur District

12. Heeralal Bairwa S/o Shri Moharpal Bairwa, aged about 37 years, R/o Village Khohkla, Post Salampur, Tehsil Mahwa, Distt. Dausa, Belt No. 2594, working in Udaipur District

13. Om Prakash S/o Shri Narayan Lal Meena, aged about 31 years, R/o Lasadiya Samalfala, Post Lasadiya Distt. Udaipur, Belt No. 2689, working in Udaipur District

14. Suresh Kumar Khatik S/o Shri Kajodi Mal Khatik, aged about 39 years, R/o Village Modi Tehsil Vallabh Nagar, Distt. Udaipur, Belt No. 2593, working in Udaipur District

15. Lalaram Meena S/o Shri Vesha Meena, aged about 35 years, R/o Village Post Saru Tehsil Girwa Distt. Udaipur, Belt No. 2691, working in Udaipur District

16. Ganesh Lal Parmar S/o Shri Shanti Lal Parmar, aged about 32 years, R/o Village Mahuwal, Post Sarera, Tehsil Kherwara, Distt. Udaipur, Belt No. 2673, working in Udaipur District

17. Vinod Yadav S/o Shri Rohitash Yadav, aged about 37 years, R/o Village Shimli, Post Bihar, Tehsil Neem Ka Thana, Distt. Sikar, Belt No. 2523, working in Udaipur District

18. Manish Kumar S/o Shri Sitaram, aged about 39 years, R/ o Village 6Msd (Malsar) Post Kardwali, Tehsil Raisinghnagar, Distt. Sriganga Nagar, Belt No. 2556, working in Udaipur District

19. Ramkrishan Singh S/o Shri Gurcharan Singh, aged about 34 years, R/o Village 40 Np, Post Office Bagicha, Tehsil Raisinghnagar, Distt. Sri Ganganagar, Belt No. 2757, working in Udaipur District

20. Yogesh Kumar Parewa S/o Shri Kalu Ram Parewa, aged about 31 years, R/o Village K Renwal, Tehsil Renwal, Distt. Jaipur, Belt No. 2752, working in Udaipur District

21. Hariom Meena S/o Shri Ghotya Ram Meena, aged about 30 years, R/o Village Anawara, Post Dubbi, Tehsil Rajgarh, Distt. Alwar, Belt No. 2088, working in Udaipur District

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22. Tilkesh Salvi S/o Laxman Lal Salvi, aged about 33 years, R/o Vpo Karchha Kala, Tehsil Kherwara, Distt. Udaipur, Belt No. 2703, working in Udaipur District

23. Sanjay Kumar S/o Shri Than Singh Gurjar, aged about 33 years, R/o Vpo Soopa, Tehsil Bayana, Distt. Bharatpur, Belt No. 2079, working in Udaipur District

24. Krishan Kumar S/o Shri Shri Gopi Chand, aged about 38 years, R/o Vpo Bhansali,tehsil Rajgarh, Distt. Churu, Rajasthan, Belt No. 2587, working in Udaipur District

25. Shelesh Singh S/o Shri Harbhan Singh, aged about 37 years, R/o Vpo Sinsini, Tehsil Deeg, Distt. Bharatpur, Belt No. 2085, working in Udaipur District

26. Subhash Chand S/o Shri Kamal Singh, aged about 33 years, R/o Tehsil Deeg, Distt. Bharatpur, Belt No. 1821, working in Udaipur District

27. Kaushalendra Singh S/o Shri Jawahar Singh, aged about 32 years, R/o Teachers Colony, Kumher Road, Nadbai, Distt. Bharatpur, Belt No. 2101, working in Udaipur District

28. Vinod Kumar S/o Shri Ranveer Singh, aged about 30 years, R/o Village Nagla Khuntela, Post Bahaj, Tehsil Deeg, Distt. Bharatpur, Belt No. 2110, working in Udaipur District

29. Lavkesh Kumar S/o Shri Laxman Singh, aged about 31 years, R/o Village Karenua, Po Tamrer, Tehsil Kumher, Distt. Bharatpur, Belt No. 2109, working in Udaipur District

30. Ajit Singh S/o Shri Rambir Singh, aged about 28 years, R/ o Village Naglamai, Post Mai, Tehsil Nadbai, Distt. Bharatpur, Belt No. 2075, working in Udaipur District

31. Indramal Meena S/o Shri Naya, aged about 29 years, R/o Village Relmahudi, Post Lasadiya, Tehsil Lasadiya,distt. Udaipur, Belt No. 2628, working in Udaipur District

32. Lokendra Singh S/o Shri Pahalwan, aged about 33 years, R/o Village Nibhi, Tehsil Dholpur, Distt. Dholpur, Belt No. 2095, working in Udaipur District

33. Kamlesh Kumar Kalal S/o Shri Magan Lal, aged about 31 years, R/o Vpo Tokar, Tehsil Semari, Distt. Udaipur, Belt No. 2753, working in Udaipur District

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34. Ramniwas S/o Shri Dharuram, aged about 33 years, R/o Village Edwa, Tehsil Degana, Distt. Nagour, Distt. Nagour, Belt No. 2759, working in Udaipur District

35. Sandeep Kumar S/o Shri Surja Ram, aged about 32 years, R/o Vpo Bhudakabas, Tehsil Malsisar, Distt. Jhunjhunu, Belt No. 2067, working in Udaipur District

36. Pradeep Kajla S/o Shri Om Prakash, aged about 33 years, R/o Village Khariya Bass, Tehsil Rajgarh, Distt. Churu, Belt No. 2758, working in Udaipur District

37. Sushil Kumar S/o Shri Jagdish Prasad Janu, aged about 29 years, R/o Ward No.7, Village Pabana Mandi, Tehsil Nawalgarh, Distt. Jhunjhunu, Belt No. 788, working in Udaipur District

38. Teerath Kumar S/o Shri Arjun Singh, aged about 28 years, R/o Village Post Naroli, Tehsil Bayan, Distt. Bharatpur, Belt No. 1309, working in Udaipur District

39. Dalpat Ram Bhanat S/o Shri Amrit Lal, aged about 28 years, R/o Village Gatrali, Post Harshawara, Tehsil Khewara, Distt. Udaipur, Belt No. 2728, working in Udaipur District

40. Sudheer Meena S/o Shri Gopal Meena, aged about 28 years, R/o Village Moodiya Jat Post Naiwara, Tehsil Weir, Distt. Bharatpur, Belt No. 2744, working in Udaipur District

41. Ajay Kumar Meghwal S/o Shri Ram Lal Meghwal, aged about 33 years, R/o Village Lakadwas, Tehsil Girwa, Distt. Udaipur, Belt No. 2754, working in Udaipur District

----Petitioners Versus

1. State of Rajasthan through its Home Secretary, Secretariat, Rajasthan, Jaipur

2. The Director General of Police, Police Headquarter, Jaipur.

3. Inspector General of Police, Udaipur Range, Udaipur, Rajasthan.

4. The Superintendent of Police, Udaipur.

                                                                       ----Respondents


For Petitioner(s)              :     Mr. Achala Ram.



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             HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

13/02/2023

It is submitted by the counsel for the petitioners that the

issue raised in the present writ petition is covered by the

judgment 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.

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,

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the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(ARUN BHANSALI),J 268-DJ/-

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