Citation : 2023 Latest Caselaw 8133 Raj
Judgement Date : 7 October, 2023
[2023:RJ-JD:33596]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15701/2023
1. Parmindar Singh S/o Gajraj Singh, Aged About 32 Years, Village-Bud Ka Hera, Tehl-Tijara, Distt-Alwar Belt No. - 1682.
2. Vinod Kumar S/o Jagdish Prasad, Aged About 35 Years, Village -Nyolakhi, Teh-Rawatsar, Distt-Hanumangarh Belt No. - 1656.
3. Sahadav Ram S/o Saithan Ram, Aged About 32 Years, Village-Khurkhura-Kalan, Distt-Nagaur Belt No - 726.
4. Jhumarlal S/o Thanaram, Aged About 30 Years, Village-
Malpuriya, Teh-Jaitaran, Distt-Pali Belt No - 1701.
5. Dinesh Kumar Bairwa S/o Vishram Bairwa, Aged About 31 Years, Village-Kundal, Distt-Dausa Belt No. 1703.
6. Suresh Kumar S/o Jayanti Lal, Aged About 31 Years, Village -Dhamseen, Teh-Raniwara, Distt-Jalore Belt No - 1669.
7. Mordhwaj S/o Harsi Ram, Aged About 31 Years, Village -
Slempur Khrud, Teh-Bar, Distt-Bharatpur Belt No - 1715.
8. Om Prakash S/o Shivram, Aged About 30 Years, Village -
Basiya, Teh-Raipur, Distt - Pali Belt No - 467.
9. Naveen Kumar Meena S/o Mukund Ram Meena, Aged About 34 Years, Village-Ganwali, Teh-Patan, Distt-Sikar Belt No - 1699.
10. Suresh Choudhary S/o Jagdish Prasad, Aged About 28 Years, Village - Sawarda, Teh-Mojmabad, Distt - Jaipur Belt No - 785.
11. Jai Narayan Meena S/o Gopal Lal, Aged About 30 Years, Village - Bhuj, Teh-Jamwaramgarh, Distt - Jaipur Belt No - 1721.
12. Mahipal S/o Ramnath, Aged About 28 Years, Village -
Bansra, Teh-Nagaurr, Distt- Nagaur, Belt No - 520.
13. Nirbhay Singh S/o Maniram, Aged About 32 Years, Village
- Piprau, Teh-Nandbai, Distt -Bharatpur Belt No -1689.
14. Babulal S/o Ramjilal, Aged About 30 Years, Village-
Shyalwas, Teh - Nagalrajawatan, Distt-Dausa Belt No - 1677.
15. Balram S/o Ummedaram, Aged About 32 Years, Village -
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Aajwa, Teh - Didwana, Distt-Nagour Belt No -818.
16. Jitendra Khedar S/o Rajkumar, Aged About 32 Years, Village - Shvbadi, Teh - Dhod, Distt-Sikar, Belt No-1015.
17. Bhuraram S/o Dhalaram, Aged About 32 Years, Village -
Sanwalta Kallan, The-Rohat, Distt-Pali Belt No - 687.
18. Rajesh Kumar S/o Fulchand Meena, Aged About 32 Years, Village -Nayabash, Teh- Nimkathana, Distt - Sikar, Belt No
- 1698.
19. Banshidhar Khinchi S/o Bastiram Khinchi, Aged About 32 Years, Village - Kathoti, Teh - Jayal, Distt - Nagaur, Belt No - 1680.
20. Devilal S/o Paburam, Aged About 32 Years, Village
-Bindadesar, Teh - Ratangarh, Distt-Churu, Belt No - 1710.
21. Ravi Kumar S/o Babulal, Aged About 30 Years, Village
-Pragpura, Teh - Kotputli, Distt - Jaipur, Belt No - 1704.
22. Chhotu Mohammad S/o Gadool Khan, Aged About 33 Years, Village - Udaipriya, Teh-Dudu, Distt-Jaipur, Belt No
- 1302.
23. Sarwan Kumar Khichar S/o Govind Ram Khichar, Aged About 30 Years, Village - Kishanpura, Teh-Chomu, Distt- Jaipur, Belt No 1762.
24. Prashant Kumar S/o Suresh Chand, Aged About 31 Years, Village - Barka, Teh-Laxmangarh, Distt-Alwar, Belt No - 1551.
25. Kaluram S/o Mangu Gurjar, Aged About 30 Years, Village-
Mohanpura, Teh-Masuda, Distt- Ajmer. Belt No- 945.
26. Somveer S/o Sher Singh, Aged About 35 Years, Village-
Beri, Teh-Pilani, Distt-Jhunjhunu .belt No-1653.
27. Ramniwas Yadav S/o Rameshwar Lal, Aged About 30 Years, Village-Manj Ki Dhani, Teh-Nawa, Distt-Nagaur. Belt No- 1743.
28. Ramgopal S/o Ramdev, Aged About 30 Years, Village-
Gachhippura, Teh-Makrana, Distt-Nagaur. Belt No- 1750.
29. Khem Raj Meena S/o Ram Sahay, Aged About 33 Years, Village-Nonpura, Teh-Jamwa Ramgrah, Distt-Jaipur. Belt No- 697.
30. Kamlesh Kumar S/o Banna Ram, Aged About 33 Years,
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Village-Kalyanpur Thoi, Teh-Shrimadhopur, Distt-Sikar. Belt No- 1687.
31. Jitendra Kumar S/o Khairati Lal Meena, Aged About 31 Years, Village-Gumanpura, Teh-Sikrai, Distt-Dausa, Belt No-1716.
32. Ashok Kumar S/o Rooplal Meena, Aged About 30 Years, Village-Salempur, Teh-Kathumar, Distt-Alwar, Belt No- 1723.
33. Jaswant Singh S/o Bhuri Singh, Aged About 31 Years, Village- Lanki, Distt-Bhartpur, Belt No- 299.
34. Ram Naresh S/o Tara Chand, Aged About 29 Years, Village- Norangpura, Teh-Hetri, Dist-Jhunjhnu, Belt No- 1718.
35. Ram Lal S/o Baboolal, Aged About 37 Years, Village-
Khand, Teh-Rohat, Distt-Pall Belt No-1711.
36. Hetram S/o Devilal, Aged About 32 Years, Village-
Mahadevewall, Teh-Chattargrah, Distt-Bikaner Belt No-
978.
37. Anil Kumar Meena S/o Amar Singh, Aged About 31 Years, Village-Cheeplats, Teh-Shree Madhopur, Distt-Sikar, Belt No- 1672
38. Rajesh Kumar S/o Jhabar Mal Burdak, Aged About 31 Years, Village-Jajod, Distt-Sikar Belt No-275.
39. Kailash Chand S/o Sitaram Meena, Aged About 32 Years, Village-Lawas, Teh-Andhi, Dist-Jaipur Rural, Belt No-1690.
40. Hema Ram Prajapat S/o Om Prakash Prajapat, Aged About 31 Years, Village-Luni, Teh-Luni, Distt -Jodhpur, Belt No -202.
41. Tola Ram Nayak S/o Pema Ram Nayak, Aged About 31 Years, Village-Jaisingh Dasar Kaliya, Teh-Nokha, Distt- Bikaner, Belt No - 1732.
42. Narpat Ram S/o Harchand Ram, Aged About 31 Years, Village- Balaji Nagar Peelwa, Teh-Lohawat, Distt-Jodhpur, Belt No- 485
43. Mangal Ram Meena S/o Birdha Ram Meena, Aged About 35 Years, Village-Chtarpura, Teh-Sanganer, Distt-Jaipur, Belt No- 1684
44. Sanjay Kumar Meena S/o Jalram Meena, Aged About 30
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Years, Village-Nangal Lat, Teh-Todabhim, Distt- Karauli, Belt No-1725
45. Suman Devi, Aged About 26 Years, Village-Natha Ki Nagal, Teh-Nimkathana, Distt Sikar Belt No 1719 Present Posting- Jaipur Rural, Belt No- 1100.
46. Rekha, Aged About 30 Years, Village- Mithiredu, Teh-
Rajgrah, Distt-Churu Belt No- 1756 Present Posting- Sri Ganganagar, Belt No-702.
47. Rajveer Kaur, Aged About 30 Years, Village-Ward 3, New Khunja The-Hnumangrah Junction, Distt-Hnumangrah, Belt No- 1754 Present- Shri Ganganagar B-No 786.
48. Baby Kanwar, Aged About 30 Years, Village-Jasrasar, Teh-
Churu, Distt-Churu, Belt No- 1755 Present Work Bikaner Bno 334.
49. Lalaram Salodiya S/o Babulal Salodiya, Aged About 29 Years, Village-Lalsot, Teh- Lalsot, Distt-Dausa, Belt No- 1685.
50. Anil Kumar Meena S/o Kishan Lal, Aged About 30 Years, Village-Rampura, Teh- Reni, Distt-Alwar, Belt No- 1751.
51. Meghram Meena S/o Hari Singh, Aged About 29 Years, Village- Naiwari The-Bhusawar Dist- Bhartpur, Belt No- 1712.
52. Ankur Kumar S/o Dheeraj Mal, Aged About 31 Years, Village- Banewara Teh- Nasirabad Dist- Ajmer, Belt No- 1671.
53. Ajay Kumar Meena S/o Banwari Lal Meena, Aged About 29 Years, Village- Sirsi Teh- Aamer Dist- Jaipur, Belt No- 1693.
54. Kanaram S/o Bagda Ram, Aged About 30 Years, Village Lambiya Teh - Jaitaran Dist- Pali, Belt No- 212.
55. Chandra Sekhar S/o Chatra Ram, Aged About 34 Years, 201 Socity Nagar Pali, Belt No- 63.
56. Shyam Lal Bajiya S/o Gopal Singh, Aged About 28 Years, Village Lakhani Teh-Khandela Dist- Sikar, Belt No- 740.
57. Anil Saran S/o Bhura Ram, Aged About 29 Years, Village Gagarana Teh- Merta City Dist- Nagaur, Belt No-1016.
58. Ashok Kumar S/o Kanaram, Aged About 31 Years, Add-
282 Subhash Nagar B Dist- Pali, Belt No- 1049.
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59. Sukha Ram S/o Mula Ram, Aged About 34 Years, Kumawato Ki Dhani Kurki Marg Rohisi The- Riya Bari Dist- Nagaur, Belt No- 1759.
60. Mukesh Kumar S/o Hema Ram, Aged About 32 Years, Village Sanwalta Khurd Teh- Rohat Dist- Pali, Belt No- 1696.
61. Ashok Kumar Meena S/o Manohari Lal Meena, Aged About 34 Years, Vpo- Hadiya Teh- Mahwa Dist- Dausa, Belt No- 1737.
62. Rajulal Meena S/o Roop Narayan Meena, Aged About 30 Years, Vpo Kathamana Teh- Piplu Dist- Tonk, Belt No- 1707.
63. Ashok Kumar Meena S/o Lala Ram Meena, Aged About 30 Years, Vpo- Devli Teh- Lalsot Dist Dausa, Belt No- 1736.
64. Pravin Choudhary S/o Chimna Ram, Aged About 31 Years, Vpo- Kalali Teh Rohat Dist Pali,belt No- 308.
65. Pawan Kumar Meena S/o Kalu Ram Meena, Aged About 34 Years, Village Katarwada Teh Baswa Dist- Dausa, Belt No- 1688.
66. Ravi Kumar Parihar S/o Madan Lal, Aged About 34 Years, Address 111 Babu Nagar Pali The And Distt Pali, Belt No- 1728.
67. Mukesh Kumar Meena S/o Ramkishan Meena, Aged About 34 Years, Vpo- Lawa Teh- Malpura Dist- Tonk, Belt No- 1726.
68. Rakesh Kumar Gurjar S/o Kaluram Gurjar, Aged About 33 Years, Village Bhojpura Teh- Sikray Dist- Dausa, Belt No- 1005.
69. Amloo Ram S/o Kachhbaram, Aged About 30 Years, Musimano Ki Dhani Bhalisar Teh- Dhoriman Dist- Barmer, Belt No- 954.
70. Poonam Chand S/o Ganga Ram, Aged About 35 Years, Village- Jogau Teh- Bhinmal Dist- Jalore, Belt No- 85.
71. Naresh Borana S/o Shankar Lal, Aged About 34 Years, Village Dhandiya Teh- Luni Dist- Jodhpur, Belt No-1662.
72. Ashok Kumar S/o Sitaram Meena, Aged About 31 Years, Village- Kota Patti Teh- Lawan Dist- Dausa, Belt No- 1673.
73. Ram Lahri Meena S/o Mool Chand, Aged About 31 Years,
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Village- Churani Gurha Teh- Thanagazi Dist- Alwar, Belt No- 1679.
74. Pawan Kumar Meena S/o Ramgopal Meena, Aged About 33 Years, Village- Madhogarh Teh - Bassi Dist- Jaipur, Belt No- 1663.
75. Kishna Ram S/o Rameshwar Lal Jat, Aged About 30 Years, Village- Aasrasar Teh- Bidasar Dist- Churu, Belt No- 1654.
76. Sharda D/o Birma Ram, Aged About 31 Years, Village-
Bagar Valiya Teh- Deedwana Dist- Nagaur, Belt No-1740.
77. Indra Devi D/o Ghewar Ram, Aged About 29 Years, Village- Udaliyawas Teh- Bilara Dist- Jodhpur, Belt No- 1741.
78. Phusa Ram S/o Hariram, Aged About 31 Years, Village-
Kundli Teh- Aahore Dist- Jalore, Belt No- 1745.
79. Sunil Kumar S/o Shyam Lal, Aged About 34 Years, Village- Kekindra Teh- Jaitaran Dist- Pall, Belt No- 1545.
80. Prakash Chand S/o Prabhu Ram, Aged About 33 Years, Village- Chudla The Mundawar Dist- Alwar Belt No- 1657 Present Posting- Jaipur Rural, Belt No- 714.
81. Lakhan Lal Dholpuriya S/o Shankar Lal Dholpuriya, Aged About 32 Years, Add- Motinagar Sendra Road Beawar Teh- Beawar Dist- Ajmer, Belt No.1695.
82. Kailash Chand Meena S/o Malaram Meena, Aged About 31 Years, Village- Sundar Ka Bas Teh- Chomu Dist- Jaipura, Belt No-1717.
83. Netram Prajapat S/o Murari Lal, Aged About 33 Years, Village- Doroli Teh- Rajgarh Dist- Alwar, Belt No- 1749.
84. Chhoti Devi D/o Bharmal Ram, Aged About 34 Years, Village- Vishnu Nagar Teh- Luni Dist- Jodhpur, Belt No- 1753.
85. Kamla Bishnoi D/o Arjun Ram, Aged About 29 Years, Village- Kukawas Teh- Bagoda Distt- Jalore, Belt No- 1758.
86. Bhinya Ram Vishnoi S/o Uma Ram Vishnoi, Aged About 33 Years, Village- Ajaniyoin Ki Dhani Teh- Dhorimanna Dist- Barmer, Belt No- 274.
87. Gena Ram S/o Bhanwara Ram, Aged About 30 Years, Village- Ghana Teh- Degana, Dist- Nagaur. Belt No- 274.
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----Petitioners Versus
1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur (Raj.)
2. The Principal Secretary, Department Of Finance (Rules), Government Of Rajasthan, Government Secretariat, Jaipur (Raj.).
3. Director General Of Police, Police Head Quarter, Lal Kothi, Jaipur (Raj.).
4. Superintendent Of Police, Pali, District Pali (Raj.).
----Respondents
For Petitioner(s) : Mr. O.P. Sangwa
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
07/10/2023
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
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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
respondent Nos.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.
(VINIT KUMAR MATHUR),J 251-/vivek/-
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