Rajasthan High Court - Jodhpur
Pushpa Benda vs State Of Rajasthan on 16 January, 2023
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 902/2023
1. Pushpa Benda D/o Shri Ganpat Singh Benda, Aged About
32 Years, R/o 7/107, K.k. Colony, Basni Ist Phase,
Jodhpur, Belt No. 2389 At Present Posted At Jodhpur.
2. Anju Devi D/o Shri Babu Lal, Aged About 29 Years, R/o
Ward No. 17, Near School, Pithawas, Banar, Jodhpur Belt
No. 2820 At Present Posted At Jodhpur.
3. Sonu S/o Shri Madan Singh, Aged About 35 Years, R/o
Village Dhani Sampat Singh, Post Kajla, Tehsil Buhana,
Jhunjhunu Belt No. 2596 At Present Posted At Jodhpur.
4. Bhanwari Kumari D/o Shri Harchan Ram, Aged About 32
Years, R/o Kalewa, Pachpadra District Barmer Belt No.
2566 At Present Posted At Jodhpur.
5. Manju Solanki D/o Shri Om Prakash, Aged About 33
Years, R/o Back Side The Police Station, Pipar City,
District Jodhpur Belt No. 2876 At Present Posted At
Jodhpur.
6. Meena Choudhary D/o Shri Narayan, Aged About 30
Years, R/o Sarno Ki Dhani, Bhopalgarh, District Jodhpur
Belt No. 2894 At Present Posted At Jodhpur.
7. Munni D/o Shri Magna Ram, Aged About 35 Years, R/o
Navji Ka Panna Bhurtiya, Tehsil And District Barmer Belt
No. 2912 At Present Posted At Jodhpur.
8. Vidhya Devi D/o Shri Koja Ram Vishnoi, Aged About 34
Years, R/o Olvi, Tehsil Bilara District Jodhpur, Belt No.
2832 At Present Posted At Jodhpur.
9. Mamta D/o Shri Mahi Ram, Aged About 28 Years, R/o
Village Ramdawas Kalan Tehsil Pipar City, Jodhpur, Belt
No. 2868 At Present Posted At Jodhpur.
10. Harish Kumar S/o Ram Niwas, Aged About 28 Years, R/o
Village And Post Gorir, Tehsil Khetri District Jhunjhunu,
Belt No. 1953 At Present Posted At Jodhpur.
11. Shyama Choudhary D/o Omaram, Aged About 20 Years,
R/o Khodo Ka Bera Keru, Tehsil And District Jodhpur, Belt
No. 2905 At Present Posted At Jodhpur.
----Petitioners
Versus
(2 of 3) [CW-902/2023]
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, Jodhpur. Headquarter.
4. The Superintendent Of Police, Jodhpur Headquarter.
----Respondents
For Petitioner(s) : Mr. Ashok Bishnoi
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
16/01/2023
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 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 of 3) [CW-902/2023]
In view of the submissions made, the writ petition filed by
the petitioners is disposed of with similar directions to the
respondents No.3 & 4 as given in the case of Dara Singh (supra).
(VINIT KUMAR MATHUR),J
395-praveen/-
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