Mukesh Kumar Yadav vs State Of Rajasthan ...
2023 Latest Caselaw 7778 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15045/2023

1. Mukesh Kumar Yadav S/o Shri Laxman Ram Yadav, Aged About 30 Years, Resident Of Village Manji Ki Dhani, Post Ghatwa, Tehsil Nawa, Distt. Nagour, Rajasthan, Belt No. 11238.

2. Raju Ram Jakhar S/o Shri Bhanwar Lal Jakhar, Aged About 35 Years, Resident Of Village Kooni, Post Chosla, Tehsil Nawa, Distt. Nagour, Rajasthan, Belt No. 11216.

3. Prakash S/o Shri Mal Chand, Aged About 32 Years, Resident Of Village Post Todas, Tehsil Nawa, Distt. Nagour, Belt No. 11232.

4. Neeraj Verma S/o Shri Narayan Lal Verma, Aged About 34 Years, Resident Of Village Post Markhi, Via Amarsar, Tehsil Shahpura, Distt. Jaipur, Belt No. 11317.

5. Jhabar Mal Bunkar S/o Shri Boduram Bunkar, Aged About 37 Years, Resident Of Village Nathawala, Via Shahpura, Distt. Jaipur, Belt No. 11184.

6. Lalit Kumar S/o Shri Dhrub Singh, Aged About 35 Years, Resident Of Village Baseri, Post Andhiyari, Tehsil Roopwas, Distt. Bharatpur, Belt No. 11281.

7. Chiranji Lal Bunkar S/o Shri Suwa Ram Bunkar, Aged About 35 Years, Resident Of Village Post Amarpura, Tehsil Chomu, Distt. Jaipur, Belt No. 11243.

8. Gangadhar Meena S/o Shri Laxminarayan Meena, Aged About 28 Years, Resident Of Village Ghata, Post Bainada, Tehsil Bassi, Distt. Jaipur, Belt No. 11331.

9. Sanjay Kumar S/o Shri Sardara Ram, Aged About 28 Years, Resident Of Village Hukampura, Post Hukampura, Tehsil Udaipurwati, Dist. Jhunjhunu, Rajasthan Belt No. 11326.

----Petitioners 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, Jaipur Range, Jaipur,

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Rajasthan.

4. The Commissioner Of Police, Commissionerate, Jaipur.

                                                                  ----Respondents


For Petitioner(s)           :    Mr. Deepak Verma
For Respondent(s)           :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

03/10/2023

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."

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).

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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.

(VINIT KUMAR MATHUR),J 121-Vivek/-

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