Kailash Chandra vs The State Of Rajasthan ...
2023 Latest Caselaw 1038 Raj

[2023/RJJD/002469]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1424/2023

Kailash Chandra S/o Shri Bheru Lal, Aged About 34 Years, Resident Of Soniyana, Rewlia Khurd, Chittorgarh, Rajasthan, Belt No. Fc 1046.

----Petitioner Versus

1. The 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, Chittorgarh.

                                                                 ----Respondents


For Petitioner(s)          :     Mr. Deepak Verma
For Respondent(s)          :     -



                      JUSTICE DINESH MEHTA

                                     Order

25/01/2023

1. 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.

2. 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

[2023/RJJD/002469] (2 of 2) [CW-1424/2023]

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."

3. In view of the submissions made, the writ petition filed by the

petitioner is disposed of with similar directions to the respondents as

given in the case of Dara Singh (supra).

4. 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.

5. The stay petition also stands disposed of.

(DINESH MEHTA),J 142-pooja/-

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