Ashok Mahawar vs State Of Rajasthan
2023 Latest Caselaw 215 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 302/2023

1. Ashok Mahawar S/o Shri Sitaram Mahawar, Aged About 30 Years, Village And Post Khari Kothi, Mahla Para, District Dausa (Raj.).

2. Anil Singh Meena S/o Shri Rameshwar Lal Meena, Aged About 32 Years, Village And Post Pancha Ka Bara, Tehsil Jahazpur, District Bhilwara (Raj.).

3. Ramesh Kumar Gurjar S/o Shri Hanuman Prasad Gurjar, Aged About 30 Years, Village Bagora, Police Station Udaipurwati, Tehsil Udaipurwati, District Jhunjhunu (Raj.).

4. Kushraj Meena S/o Shri Foru Lal Meena, Aged About 32 Years, Village Jalampura, Post And Tehsil Jahazpur, District Bhilwara (Raj.).

5. Lekhraj S/o Shri Roshan Lal, Aged About 36 Years, Village Kyamupra Bass, Post Banethi, Tehsil Kotputli, District Jaipur (Raj.).

6. Hanni S/o Shri Hassu Khan, Aged About 33 Years, Village Ulahedi, Post Jatiyana, Tehsil And District Alwar (Raj.).

7. Balram Meena S/o Shri Ramji Lal Meena, Aged About 31 Years, Village Rehadiya, Post Chandra, Tehsil Baswa, District Dausa (Raj.).

8. Manoj Kumar S/o Shri Gopali, Aged About 28 Years, Village And Post Salabad, Tehsil Bayana, District Bharatpur (Raj.).

9. Sanvariya Dhobi S/o Shri Debi Lal Dhobi, Aged About 30 Years, Village Biliya, Post Ralayata, Tehsil Mandalgarh, District Bhilwara (Raj.).

10. Suresh Kumar Meena S/o Shri Birdi Chand Meena, Aged About 30 Years, Village Malera, Post Jatawqali, Via Samod, Tehsil Chomu, District Jaipur (Raj.).

11. Virender Kumar Gurjar S/o Shri Rameshwar Gurjar, Aged About 28 Years, Village Ulavati, Post Rupaspur, Tehsil Bari, District Dholpur (Raj.).

12. Badan Singh Gurjar S/o Shri Kailash Chand Gurjar, Aged About 33 Years, Village Gurjar Koleta, Tehsil Bamanwas, District Sawaimadhopur (Raj.).

13. Kamlesh Kumar S/o Shri Laxmi Narayanji, Aged About 32

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Years, 53, Rukmani Enclave, Bhilwara (Raj.).

14. Budhraj Meena S/o Shri Deviram Meena, Aged About 36 Years, Village Bhainskhara, Post Ajnoti, Tehsil And District Sawai Madhopur (Raj.).

15. Rohit Kumar S/o Shri Dariya Singh, Aged About 28 Years, Village Ratanpura, Post Hariyal, Tehsil Sadulpur, District Churu (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 (Ajmer Range), Ajmer (Rajasthan).

4. Superintendent Of Police, Bhilwara (Raj.).

----Respondents

For Petitioner(s) : Mr. Vinod Jhajharia through VC

JUSTICE DINESH MEHTA

Order

06/01/2023

1. 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.

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 that extent is redressed, but appointment should have been made effective from the date candidates lesser in

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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."

3. 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).

(DINESH MEHTA),J

245-Inder/-

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