Citation : 2023 Latest Caselaw 10128 Raj
Judgement Date : 28 November, 2023
[2023:RJ-JD:41018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17052/2023
Ramswaroop S/o Munni Ram Meghwal, Aged About 33
Years, R/o Vpo Dhirera Station Tehsil Loonkaransar P.s.
Loonkaransar Dist Bikaner (Belt No. 802)
----Petitioner
Versus
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, Bikaner Rang Bikaner
Rajasthan.
4. The Superintendent Of Police, Bikaner.
----Respondents
For Petitioner(s) : Mr. Achala Ram.
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
28/11/2023
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.
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
[2023:RJ-JD:41018] (2 of 2) [CW-17052/2023]
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."
In view of the submissions made, the writ petition
filed by the petitioner is disposed of with similar directions
to the respondents No.3 & 4 as given in the case of Dara
Singh (supra).
(KULDEEP MATHUR),J 16-AbhishekK/-
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