Rajasthan High Court - Jodhpur

Om Prakash vs State Of Rajasthan ... on 17 May, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/015698]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6749/2023

1. Om Prakash S/o Shri Shiwa Ram, Aged About 29 Years, Resident Of Village Keriyawas, Post Maroth Nawa City,

2. Om Prakash S/o Shri Ramdev, Aged About 30 Years, R/o Village Balaya, Tehsil Mundwa, Distt. Nagaur, Belt No.

3. Dinesh Kumar Meena S/o Shri Prabhu Lal Meena, Aged About 30 Years, R/o Village Hingoni, Post Olwara, Tehsil And Distt. Sawaimadhopur, Belt No. 1659,

4. Vishvendra S/o Shri Mahaveer Singh, Aged About 27 Years, R/o Village Manota Khurd, Post Manota Kalan, Tehsil Nagar, Distt. Bharatpur, Belt No. 1918,

5. Ashok Kumar Chanija S/o Shri Ramswarup Chanija, Aged About 30 Years, R/o Village Khadab, Tehsil Kotputli, Distt. Jaipur, Belt No. 1929

6. Krishan Murari Gurjar S/o Shri Ramdayal Gurjar, Aged About 36 Years, R/o Village Chan Bass Surya, Post Barwas, Tehsil Todaraisingh, Distt. Tonk, Belt No. 1932,

7. Gajendra Singh S/o Shri Jasmat Singh, Aged About 30 Years, R/o Village Post Kanwara, Tehsil Kaman, Distt. Bharatpur, Belt No. 1934

8. Buddhi Prakash Choudhary S/o Shri Mangi Lal Choudhary, Aged About 35 Years, R/o Village Post Kundera, Tehsil And Distt. Sawai Madhopur, Belt No. 1937

9. Ajab Singh S/o Lachchhi Ram, Aged About 32 Years, R/o Village Sultanpura, Post Kherla, Tehsil Mahwa, Distt. Dausa, Belt No. 1942

10. Arvind Kumar Meena S/o Shri Ramdayal Meena, Aged About 36 Years, R/o Village Ardana Post Chardana, Distt. Bundi, Belt No. 1945

11. Kamal Prakash Meena S/o Shri Shyam Swaroop Meena, Aged About 36 Years, R/o Village Chanda Post Ganesh Ganj, Tehsil Pipalda, Distt. Kota, Belt No. 1956

12. Ram Swaroop Bawriya S/o Shri Ram Dhan Bawriya, Aged About 30 Years, R/o Village Sankh, Post Fhaliyawas, Tehsil Bassi, Distt. Jaipur, Belt No. 1961

13. Shaitan Singh S/o Shri Santosh Kumar, Aged About 29 Years, R/o Village Aradana Post Chardana, Tehsil Keshoraipatan, Distt. Bundi, Belt No. 1967

14. Vinod Meena S/o Shri Govind Meena, Aged About 28 Years, R/o Village Rangrajpura, Post Beiya, Tehsil Kesvrhipatan, Distt. Bundi, Belt No. 1970

15. Chhitar Mal S/o Shri Ganga Ram, Aged About 29 Years, R/o Village Manoharpura Karad, Tehsil Danta Ramgarh, Distt. Sikar, Belt No. 1980

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16. Dharmraj Meghwal S/o Shri Ramesh Chandra Meghwal, Aged About 29 Years, R/o Village Gopalpura, Post Bohat, Tehsil Mangrol, Distt. Baran, Belt No. 1981

17. Heeralal S/o Shri Kaluram, Aged About 29 Years, R/o Village Post Bachhamdi, Tehsil Nadbai, Distt. Bharatpur, Belt No. 1988

18. Mahaveer Pankaj S/o Shri Ramsharan Pankaj, Aged About 30 Years, R/o Village And Post Itawa, Tehsil Pipalda, Distt. Kota, Belt No. 1990

19. Sonu Bagoria S/o Shri Dulichand Bagoria, Aged About 30 Years, R/o Village Post Banethi, Tehsil Kotputli, Distt. Jaipur. Belt No. 1994

20. Ajay Kumar Tanwar S/o Shri Prahalad Ray Tanwar, Aged About 29 Years, R/o Village Pachar Via Kachriyawas, Tehsil Dantaramgarh, Distt. Sikar, Belt No. 1995

21. Rajneesh Gugarwal S/o Shri Kishan Lal Gugarwal, Aged About 35 Years, R/o Ward No. 6, Mandana, Tehsil Ladpura, Distt. Kota, Belt No. 1997

22. Mahendra Kumar S/o Shri Ramprasad, Aged About 35 Years, R/o Village Kanotiya, Post Katawar Tehsil Atru, Distt. Baran, Belt No. 2003

23. Banwari Lal Saini S/o Shri Prabhu Lal Saini, Aged About 32 Years, R/o Vpo Bhoodla, Tehsil Bassi, Distt. Jaipur, Belt No. 2009

24. Mukesh Kumar Jangir S/o Shri Tarachand Jangir, Aged About 30 Years, R/o Village Rosawan, Post Rosawan,

25. Prem Prakash Saini S/o Shri Jagdish Praasad Saini, Aged About 28 Years, R/o Vpo Rajpur Bada, Tehsil Rajgarh,

26. Chandra Shekhar S/o Shri Madan Lal, Aged About 32 Years, R/o Village Bhatariya Tehsil Newai, Distt. Tonk, Belt

27. Gajanand Swami S/o Shri Mamchand Swami, Aged About 29 Years, R/o Village Koushalpur, Post Neemuchana,

28. Lala Ram Jat S/o Shri Kana Rama Jat, Aged About 29 Years, R/o Village Mordi, Post Tyod, Tehsil Roopangarh,

29. Mula Ram S/o Shri Ghasi Ram, Aged About 34 Years, R/o Village Charan Ka Bass, Post Chainpura, Tehsil And Distt.

30. Shimbhu Dayal Takhar S/o Shri Mohan Lal Takhar, Aged About 31 Years, R/o Village Badhal, Post Badhal, Tehsil

31. Sanjay S/o Shri Sahiram, Aged About 32 Years, R/o Village Post Lambi Ahir, Tehsilbuhana, Distt. Jhunjhunu,

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32. Brajraj Meena S/o Shri Rameshwar, Aged About 31 Years, R/o Village Budiya, Post Jaloda, Tehsil Keshorai Patan,

33. Ramdhan Kumhar S/o Shri Shanker Lal Kumhar, Aged About 34 Years, R/o Village Chhan Bas Surya, Post Barwas, Tehsil Todaraisingh, Distt. Tonk, Belt No. 915

34. Dheeraj Kuntal S/o Shri Amichand Kuntal, Aged About 29 Years, R/o Village Post Abhorra, Tehsil Kumher, Distt.

35. Mahendra Kumar S/o Shri Gopal Ram Katariya, Aged About 33 Years, R/o Village Post Bhojpur, Tehsil Khandela,

36. Rameshwar Lal S/o Shri Bhura Ram, Aged About 31 Years, R/o Village Kuriyon Ka Bas, Post Surera (Mandha) Tehsil Dantaramgarh, Distt. Sikar, Belt No. 1010

37. Dharmendra Singh S/o Shri Harbhan Singh, Aged About 30 Years, R/o Village Mahua, Thana Sevar, Distt. Bharatpur, Belt No. 1015

38. Virendra Dagar S/o Shri Dharampal, Aged About 28 Years, R/o Village Post Makro, Tehsil Buhana, Distt. Jhunjhunu, Belt No. 1050

39. Jugal Kishor S/o Shri Suresh Kumar Swami, Aged About 30 Years, R/o Village Post Swami Ki Dhani, Ward No.2, Tehsil Udaipurwati, Distt. Jhunjhunu, Belt No. 1053

40. Ramesh Chand Gurjar S/o Shri Shrinivas Gurjar, Aged About 32 Years, R/o Village Talibpura, Post Paalda, Tehsil Tonk, Distt. Tonk, Belt No. 1090

41. Mahesh Yadav S/o Shri Randhir Singh, Aged About 31 Years, R/o 40B, Sanjay Nagar, Near Devi Mandir, Post Krishna Nagar, P.s. Mathura Gate, Tehsil And Distt. Bharatpur, Belt No. 1124

42. Jeetendra Singh S/o Shri Indra Singh, Aged About 33 Years, R/o Village Sunari, Post Awar, Tehsil Kumher, Distt. Bharaatpur, Belt No. 1131

43. Vishvendra Singh S/o Shri Beeri Singh, Aged About 30 Years, R/o Village Dhour, Post Mahua, Tehsil And Distt. Bharatpur, Belt No. 1189

44. Rajendra Yadav S/o Shri Ramlal Yadav, Aged About 30 Years, R/o Village Post Mehandwas, Tehsil And Distt. Tonk, Belt No. 1290

45. Jagdish Soni S/o Shri Devki Nandan Soni, Aged About 29 Years, R/o 494, Pandit Deendayal Upadhyay Nagar, Annatpura, Kota, Belt No. 1302

46. Teekam S/o Shri Ramveer Singh, Aged About 32 Years, R/ o Village Post Abhorra, Tehsil Kumher, Distt. Bharatpur, Belt No. 1321

47. Mohan Jat S/o Shri Ganesh Jat, Aged About 30 Years, R/o Village Kali Dungari, Post Khatoli, Tehsil Kishangarh, Distt.

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Ajmer, Belt No. 1369,

48. Sanjay Singh S/o Shri Banna Lal, Aged About 32 Years, R/o Village Post Kakalwar, Tehsil Todaraisingh, Distt. Tonk, Belt No. 1393, Presently Belt No. 1194, Working In Distt. Bundi.

49. Suja Ram S/o Shri Arjun Ram, Aged About 34 Years, R/o Village Kanchanpura, Post Devli Kalan, Tehsil Nawa City, Distt. Nagaur, Belt No. 1490

50. Madan Lal Jat S/o Shri Jhutha Ram Jat, Aged About 37 Years, R/o Village Jyanio Ka Bas, Post Bhadwa, Tehsil Kishangarh Renwar, Distt. Jaipur, Belt No. 1561

51. Devendra Singh Gurjar S/o Shri Hukam Singh Gurjar, Aged About 30 Years, R/o Village Akbarpur, Tehsil Shri Mahaveerji, Karauli, Belt No. 1928

52. Sita Ram Khatik S/o Shri Rajendra Prasad, Aged About 29 Years, R/o Village Dhani Khatikan, Post Nimod Tehsil Neem Ka Thana, Distt. Sikar, Belt No. 1955

53. Balram Meena S/o Shri Gendi Lal Meena, Aged About 37 Years, R/o Village Sunthli, Tehsil Ninwah, Distt. Bundi, Belt No. 1959

54. Sawaria Meghwal S/o Shri Rampal, Aged About 33 Years, R/o Village Singhpura, Post Gopalpura, Tehsil Ladpura, Thana Mandana, Distt. Kota, Belt No. 1985

55. Sonu Bhumliya S/o Shri Rampal Bhumliya, Aged About 32 Years, R/o Near Murli Ji Ka Temple, Shahabad Ward, Baran, Tehsil Baran, Distt. Baran, Belt No. 1986

56. Hareechand S/o Shri Hakim Singh, Aged About 30 Years, R/o Village Post Baben, Tehsil Kumher, Distt. Bharatpur,

57. Ravindra Singh S/o Shri Devi Singh Bhati, Aged About 31 Years, R/o 77, Fidoda, Village Post Sawant Kua Khurd, Tehsil Baori, Jodhpur, Belt No. 1362

58. Suresh Singh Bainsla S/o Shri Rattiram Bainsla, Aged About 34 Years, R/o Village Jaisinghpura, Tehsil Todabhim, Distt. Karauli, Belt No. 1498

59. Ramgopal S/o Shri Ramji Lal Gurjar, Aged About 29 Years, R/o Villag Ejhalatala, Post Moloni, P.s. Halena, Distt. Bharatpur, Belt No. 1028

60. Vikas Kumar Sharma S/o Shri Purushottam Lal Sharma, Aged About 28 Years, R/o Village And Post Pichuna, P.s. Uchchain, Distt. Bharatpur, Rajasthan, Belt No. 788

61. Raman Singh S/o Shri Bhoor Singh, Aged About 31 Years, R/o Village Madhe Ka Pura, Post Kemari, Tehsil Nadoti, Distt. Karauli, Belt No. 574.

----Petitioners Versus

1. State Of Rajasthan, Through Its Home Secretary,

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Secretariat, Rajasthan, Jaipur.

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

3. Inspector General Of Police, Kota Range, Kota, Rajasthan.

4. The Superintendent Of Police, Kota, Distt. Kota.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Deepak Verma

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

17/05/2023

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."

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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).

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.