Rajasthan High Court - Jodhpur
Ramniwas Guleriya vs State Of Rajasthan ... on 24 January, 2023
Bench: Dinesh Mehta
[2023/RJJD/002208]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1348/2023
1. Ramniwas Guleriya S/o Shri Nathuram Guleriya, Aged
About 35 Years, R/o Village And Post Ladadiya, Tehsil
Didwana, District Nagaur (Rajasthan)
2. Kehri Singh S/o Shri Man Singh, Aged About 31 Years,
R/o Village And Post Kasoda, Tehsil And District Bharatpur
(Rajasthan)
3. Mansukh Ram S/o Shri Bhanwar Lal, Aged About 31
Years, R/o Village Nenas Post Khinyas, Tehsil Degana,
District Nagaur (Rajasthan)
4. Asharam S/o Shri Shurjaram, Aged About 32 Years, R/o
Village And Post Kalri Vaya Alay, Tehsil Nagaur, District
Nagaur (Rajasthan)
5. Mahipal S/o Shri Nena Ram Lega, Aged About 27 Years,
R/o Village And Post Kherwa Vaya Sanju, Tehsil Sanju,
District Nagaur (Rajasthan)
6. Avjeet Singh S/o Shri Rambaboo Singh, Aged About 30
Years, R/o Village Dhansoti Post Pichumer, Tehsil Kumher,
District Bharatpur (Rajasthan)
7. Nirottam Singh S/o Shri Mansingh, Aged About 32 Years,
R/o Village And Post Jaghina , Tehsil And District
Bharatpur (Rajasthan)
8. Jitendra Vishnoi S/o Shri Ashok Kumar Vishnoi, Aged
About 27 Years, R/o Village Hudiya Vaya Borawad ,tehsil
Makrana District Nagaur (Rajasthan)
9. Koja Ram S/o Shri Chanda Ram, Aged About 30 Years,
R/o Dhundhwalo Ki Dhani Post Alay ,tehsil And District
Nagaur(Rajasthan)
10. Diwakar Vishnoi S/o Shri Munni Ram Vishnoi, Aged About
31 Years, R/o Village And Post Chawandiya Tehsil Khivsar,
District Nagaur (Rajasthan)
11. .ramswarup Bishnoi S/o Shri Kheraj Ram Bishnoi, Aged
About 34 Years, R/o Major Karim Nagar Gali No.1, Thana
Kotwali Nagaur , Tehsil And, District Nagaur (Rajasthan)
12. Saurabh Kumar S/o Shri Banwari Lal, Aged About 28
Years, R/o Village And Post Tamrer, Tehsil Kumher District
Bharatpur (Rajasthan)
[2023/RJJD/002208] (2 of 4) [CW-1348/2023]
13. Kailash Chand S/o Shri Ramu Ram, Aged About 27 Years,
R/o Village And Post Devil Kalan, Tehsil Nawa, District
Nagaur (Rajasthan)
14. Ram Naresh S/o Shri Jeevan Ram, Aged About 31 Years,
R/o Village Shekhasani Post Indawar, Tehsil Merta City,
District Nagaur (Rajasthan)
15. Aatmaram Chandsi S/o Shri Ramdev, Aged About 32
Years, R/o Village Ummdpura Post Dungarja, Tehsil Digod,
District Kota (Rajasthan)
16. Chaturbhuj Meghwal S/o Shri Kishan Lal, Aged About 36
Years, R/o Village Kundi Post Sakrawada, Tehsil
Kishanganj, District Baran (Rajasthan)
17. Kartar Singh S/o Shri Jeevan Singh, Aged About 30 Years,
R/o Village Shahpur Post Mudia Sad , Tehsil Weir, District
Bharatpur (Raj.)
18. Sharwan Kumar S/o Shri Lunaram, Aged About 27 Years,
R/o Village Dhundhwalo Ki Dhani, Post Alai, Tehsil And
District Nagaur (Rajasthan)
19. Yogesh S/o Shri Govind Ram, Aged About 30 Years, R/o
Village Darapura, Post Khokhar, Tehsil Parbatsar, District
Nagaur (Rajasthan)
20. Prathee Singh S/o Shri Mohansingh, Aged About 28 Years,
R/o Village Nagala Khuntela Post Bahaj , Tehsil Deeg
Distt. Bharatpur (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 (Kota Range), Kota,
(Rajasthan.)
4. Inspector General Of Police (Bikaner Range), Bikaner,
(Rajasthan.)
5. Superintendent Of Police, Kota Rural, (Raj.)
6. Superintendent Of Police, Bikaner, (Raj.)
----Respondents
[2023/RJJD/002208] (3 of 4) [CW-1348/2023]
For Petitioner(s) : Mr. Vinod Jhajharia
For Respondent(s) :
JUSTICE DINESH MEHTA
Order
24/01/2023
1. It is submitted by the counsel for the petitioners that the
issue raised in the present writ petition is covered by the
judgment 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
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."
[2023/RJJD/002208] (4 of 4) [CW-1348/2023]
3. 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).
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 petitioners would be entitled to the
relief.
5. Stay application also stands disposed of.
(DINESH MEHTA),J
380-Arvind/-
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