Rajasthan High Court - Jodhpur

Vinod Kumar vs State Of Rajasthan ... on 10 October, 2023

Bench: Vinit Kumar Mathur

[2023:RJ-JD:34153]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15815/2023

1. Vinod Kumar S/o Shri Prahlad, Aged About 34 Years, Bel No. 900 R/o Village And Post Jharsar Chhota Tehsil Tara Nagar Distt. Churu (Raj.)

2. Sahdev Singh Saran S/o Hsri Ranjeet Singh, Aged About 34 Years, Belt No. 876 R/o Village And Post Jasasar, Tehsil Churu, District Churu (Raj.)

3. Vikram S/o Shri Lunaram, Aged About 34 Years, Bel No. 908, R/o Ward No. 18 Churu, Tehsil And District Churu (Raj.).

4. Rakesh Kumar S/o Shri Bhagirath Mal, Aged About 34 Years, Belt No. 890 R/o Village And Post Depalsar, Tehssil And District Churu (Raj.)

5. Anil Kumar S/o Shri Gopal Ram, Aged About 38 Years, Belt No. 889, R/o Village And Post Kodesar, Tehsil Malsisar, District Jhunjhunu (Raj.)

6. Pradeep Kaswa S/o Shri Satveer Singh, Aged About 35 Years, R/o Village And Post Dhadhr, Tehsil And District Churu (Raj.) (Belt No.152/870)

7. Dharmveer Singh S/o Shri Karanveer Singh, Aged About 34 Years, R/o Village And Post Binjawas, Tehsil Rajgarh District Churu (Raj.)

8. Satywan S/o Shri Omprakash, Aged About 35 Years, R/o Village And Post Harpalu Taal , Tehsil Rajgarh, District Churu (Raj.) (Belt No.884)

9. Ramakant S/o Shri Omprakash, Aged About 34 Years, R/o Village Lambor Chhimpiyan, Post Bari Lambor, Tehsil Rajgarh, District Churu (Raj.) (Belt No.924)

10. Rajesh Kumar S/o Shri Mularam, Aged About 34 Years, R/o Village Lambor Chhimpiyan, Post Bari Lambor, Tehsil Rajgarh, District Churu (Raj.) (Belt No.924)

11. Sunil Kumar S/o Shri Ran Singh, Aged About 34 Years, R/o Village Post Mitthi Redu , Tehsil Rajgarh , District Churu (Raj.) (Belt No.906)

12. Geeta Ram Meena S/o Shri Ramswaroop Meena, Aged About 38 Years, R/o Village Solatpura Post Mandawara, Tehsil Uniyara, District Tonk (Raj.)

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13. Manoj Kumar S/o Shri Prabhuram Kaswan, Aged About 34 Years, R/o Village And Post Sirsli, Tehsil Churu, District Churu (Raj.) (Belt No.485)

14. Kuldeep Singh S/o Shri Prithvi Singh, Aged About 37 Years, R/o Village Jaipuriya, Post Hadyal (R.s.) Khalsa ,tehsil Rajgarh, District Churu (Raj.)

15. Sarjeet Singh S/o Shri Jaman Singh, Aged About 34 Years, R/o Village And Post Hansasar, Tehsil Malsisar District Jhunjhunu (Raj.). (Belt No.823)

16. Sunil Kumar Sharma S/o Shri Badri Prasad Sharma, Aged About 34 Years, R/o Village Baas Brahmanan Post Lilawathi Tehsil Rajgarh District Churu (Raj.)

17. Virendra Singh S/o Shri Pratap Singh, Aged About 39 Years, R/o Village And Post Janau Khari Tehsil Rajgarh Distt. Churu (Raj.)

18. Mukesh Kumar S/o Shri Prabhudayal, Aged About 33 Years, R/o Village And Post Buntiya Tehsil And District Churu (Raj.)

19. Rajveer Singh Devra S/o Shri Ranjeet Singh Devra, Aged About 34 Years, R/o Village And Post Molisar Chhota Tehsil Ratangarh Distt. Churu (Raj.) Presently Working In Distt. Sri Ganganagar. (Belt No.918/585)

20. Rajveer Meena S/o Shri Gopiram Meena, Aged About 37 Years, R/o Village And Post Ajari Khurd Tehsil And Distt. Jhunjhunu (Raj.) (Belt No.417/6336)

21. Sandeep Kumar S/o Shri Balbir Singh, Aged About 34 Years, R/o Village And Post Sidhmukh Tehsil Sidhmukh Distt. Churu (Raj.)

22. Vijendra Kumar S/o Shri Subhash Chandra, Aged About 37 Years, R/o Village And Post Charawash Tehsil Gudha Distt. Jhunjhunu (Raj.) (Belt No.532)

23. Naresh Kumar Janghu S/o Shri Malaram Janghu, Aged About 34 Years, R/o Village And Post Aaspalsar Tehsil Sardarsahar Distt. Churu (Raj.)(Belt No.850)

24. Suresh Kumar S/o Shri Dudaram, Aged About 36 Years, R/o Village Lalasar Post Bhamasi Tehsil And Distt. Churu (Raj.) (Belt No.452)

25. Ramchandra Budania S/o Shri Mukhram Budania, Aged About 35 Years, R/o Village Gaajsar Post Ghantel Tehsil

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And Distt. Churu (Raj.) (Belt No. 894/69)

26. Devendera Singh Shekhawat S/o Shri Jeevraj Singh, Aged About 34 Years, R/o Village And Post Khotia Tehsil Ramgarh Shekhawati Distt. Sikar (Raj.) (Belt No.910)

27. Girish Kumar S/o Shri Girdharilal, Aged About 36 Years, R/o Village And Post Khyali Tehsil Siddhmukh Distt. Churu (Raj.) (Belt No.503)

28. Sajid Khan S/o Shri Mohammd Faruq Khan, Aged About 33 Years, R/o Village And Post Nuatehsil And Distt. Jhunjhunu (Raj.) (Belt No.911)

29. Mahesh Kumar S/o Shri Dayanand, Aged About 38 Years, R/o Village And Post Bairasar Chhota Tehsil Rajgarh Distt. Churu (Raj.) (Belt No.883)

30. Rajendra Kumar S/o Shri Jai Singh, Aged About 35 Years, R/o Village And Post Jaswantpura Tehsil Rajgarh Distt. Churu (Raj.) (Belt No.394)

31. Hansram S/o Shri Bhairaram, Aged About 53 Years, R/o Village Nimrasar, Post Ratoosar Tehsil Sardarsahar Distt. Churu (Raj.) (Belt No.406)

32. Mukesh Kumar S/o Shri Mukhram Budania, Aged About 33 Years, R/o Village And Post Gajasar Tehsil And Distt. Churu (Raj.) (Belt No.871)

33. Anil Kumar S/o Shri Ramgopal, Aged About 37 Years, R/o Village Chandrapura Post Nua Tehsil And Distt. Jhunjhunu (Raj.) (Belt No.441)

34. Rohitash S/o Shri Shankarlal, Aged About 36 Years, R/o Village And Post Kolsiya Tehsil Nawalgarh , Distt. Jhunjhunu (Raj.) (Belt No.827)

35. Mahipal S/o Shri Mahendra Singh, Aged About 35 Years, R/o Village And Post Harpalu Taal Tehsil Rajgarh Distt. Churu (Raj.)(Belt No.919)

36. Ajit Kumar S/o Shri Madanlal, Aged About 35 Years, R/o Village And Post Thathwadi Tehsil Khetri Distt. Neemkathana (Raj.) (Belt No.867)

37. Bhawani Singh S/o Shri Shivpal Singh, Aged About 35 Years, R/o Village And Post Bhamas Tehsil Ladnun Distt. Didwana Kuchaman (Raj.) (Belt No.878)

38. Ajay Meena S/o Shri Chander Bhan Meena, Aged About

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36 Years, R/o Ward No 21,tagor Chowk Ke Pass Nohar Tehsil Nohar Distt. Hanumangarh (Raj.)

39. Kuldeep Mahala S/o Shri Dariya Singh, Aged About 35 Years, R/o Village And Post Dungrana Tehsil Bhadra , Distt. Hanumangarh (Raj.) (Belt No.898)

40. Shailandra Kumar S/o Shri Shankarlal, Aged About 37 Years, R/o Village And Post Mirjawali Mer Tehsil Tibbi Distt. Hanumangarh (Raj.) (Belt No. 880)

41. Dinesh Kumar Dudi S/o Shri Shiv Narayan Dudi, Aged About 35 Years, R/o Village And Post Dhigal Ki Tehsil Nawalgarh Distt. Jhunjhunu (Raj.) (Belt No.799)

42. Jodhraj S/o Shri Harlal Singh, Aged About 35 Years, R/o Village And Post Sahjusar, Post Sahjoosar, Tehsil And Distt. Churu (Raj.) (Belt No.897)

43. Ratan Lal S/o Shri Kishori Lal, Aged About 35 Years, R/o Village And Post Badagaon Tehsil Udaipurwati Distt. Jhunjhunu (Raj.) (Belt No.917)

44. Sanwarmal Meena S/o Shri Dayanand, Aged About 37 Years, R/o Village And Post Natas Tehsil Gudhagorji Distt. Jhunjhunu (Raj.) (Belt No.469)

45. Vinod Kumar Suthar S/o Shri Banwarilal, Aged About 39 Years, R/o Ward No. 02 Khatio Ka Mohalla Taranagar Tehsil Taranagar Distt. Churu (Raj.) (Belt No.686)

46. Rajendra Prasad S/o Shri Brijlal Saharan, Aged About 37 Years, R/o Village Singrasar, Post Mokalsar Tehsil Suratgarh Distt. Sri Ganganagar (Raj.) (Belt No.668)

47. Yograj Singh S/o Shri Ummed Singh, Aged About 35 Years, R/o Ward No. 14 Shekhawat Colony Churu Distt. Churu (Raj.) (Belt No.869)

48. Parmeshwarlal S/o Shri Mangilal, Aged About 35 Years, R/o Village And Post Kaklasar Tehsil Sardarsahar Distt. Churu (Raj.) (Belt No.903)

49. Sandeep Kumar S/o Shri Kanaram, Aged About 37 Years, R/o Village And Post Baniyala Tehsil Taranagar Distt. Churu (Raj.) (Belt No.800/74)

50. Dipendra Singh S/o Shri Samdar Singh, Aged About 35 Years, R/o Village And Post Rahanawa Tehsil Laxmangarh Distt. Sikar (Raj.) (Belt No.881/4761)

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51. Rajender S/o Shri Munshiram, Aged About 38 Years, R/o Village And Post Ludi Jhabar Tehsil Rajgarh Distt. Churu (Raj.)

52. Mahendra Singh S/o Shri Chandrabhan, Aged About 35 Years, R/o Village And Post Lilawathi Tehsil Rajgarh Distt. Churu (Raj.) (Belt No.892/369)

53. Abhishek Kumar S/o Shri Ranveer Singh Bhadu, Aged About 35 Years, R/o Village And Post Lalgarh Jattan Tehsil Sadulsahar Distt. Sri Ganganagar (Raj.) (Belt No.899/702)

54. Hardeep Singh Rathore S/o Shri Mahaveer Singh, Aged About 34 Years, R/o Ward No. 60 Hanumangarh Junction Hanumangarh Distt. Hanumangarh (Raj.) (Belt No.891)

55. Rajkumar Meena S/o Shri Amar Singh Meena, Aged About 36 Years, R/o Village Angasar, Post Abusar Tehsil And Distt. Jhunjhunu (Raj.) (Belt No.451)

56. Bhuraram Bijarnia S/o Shri Liladhar Bijarnia, Aged About 35 Years, R/o Village And Post Fefana Tehsil Nohar Distt. Hanumangarh (Raj.) (Belt No.879)

57. Parmendra Kumar Meena S/o Shri Guljhari Lal, Aged About 40 Years, R/o Village And Post Bissau Tehsil Bisau Distt. Jhunjhunu (Raj.) (Belt No.872)

58. Rajendra Singh S/o Shri Balveer Singh, Aged About 35 Years, R/o Village Doradas Post Binjusar Tehsil And Distt. Jhunjhunu (Raj.) (Belt No.517)

59. Sandeep Kumar S/o Shri Diwanchand, Aged About 35 Years, R/o Village And Post Kalwas Tehsil Taranagar Distt. Churu (Raj.) (Belt No.913)

60. Vikram S/o Shri Mahadeva, Aged About 35 Years, R/o Village And Post Govla Tehsil Chirawa Distt. Jhunjhunu (Raj.) (Belt No.901)

61. Gangadhar Sharma S/o Shri Mohanlal Sharma, Aged About 33 Years, R/o Ward No. 39 Ratangarh Tehsil Ratangarh Distt. Churu (Raj.) (Belt No.887)

62. Vijay Singh Dara S/o Shri Ramprasad, Aged About 54 Years, R/o Village And Post Kishorepura Tehsil Chirawa Distt. Jhunjhunu (Raj.) (Belt No.927)

63. Dayakishan Khatri S/o Shri Omprakash Khatri, Aged About 35 Years, R/o Ward No. 23 Rajgarh Tehsil Rajgarh

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Distt. Churu (Raj.) (Belt No.823/215)

64. Lokesh Kumar S/o Shri Banwarilal, Aged About 35 Years, R/o Village And Post Rautal Tehsil Rajgarh Distt. Churu (Raj.) (Belt No.896)

65. Bhanwarlal S/o Shri Chunnilal, Aged About 38 Years, R/o Village And Post Sahjusar Tehsil And Distt. Churu (Raj.) (Belt No.868)

66. Sanjay Kumar S/o Shri Sant Kumar, Aged About 34 Years, R/o Ward No. 09 Mandawa Tehsil Mandawa Distt. Jhunjhunu (Raj.) (Belt No.926)

67. Ganesh Singh S/o Shri Idaan Singh, Aged About 54 Years, R/o Village And Post Thirpali Chhoti Tehsil Rajgarh Distt. Churu (Raj.) (Belt No.922)

68. Ramesh Kumar S/o Shri Sanwarmal Meghwal, Aged About 33 Years, R/o Village And Post Mangasar Tehsil Sardarsahar Distt. Churu (Raj.) (Belt No.925)

69. Jitendra Beniwal S/o Shri Subhash Chandra, Aged About 36 Years, R/o Village Pura Ki Dhani Post Khidarsar Tehsil And Distt. Jhunjhunu (Raj.) (Belt No.486)

70. Kapil Kumar S/o Shri Ramdhan, Aged About 34 Years, R/o Village And Post Norangpura Tehsil Rajgarh Distt. Churu (Raj.) (Belt No.888)

71. Mamta Kumari D/o Shri Sitaram, Aged About 34 Years, R/o Village Shivdayalpura Post Niradhanu Tehsil Malsisar Distt. Jhunjhunu (Raj.) (Belt No.930)

72. Manju Meghwal D/o Shri Ramchandra, Aged About 34 Years, R/o Village Kamasar Post Pulasar Tehsil Sardarsahar Distt. Churu (Raj.) (Belt No.928)

73. Bimla Saran D/o Shri Birbalram, Aged About 33 Years, R/o Village And Post Bandhnau Utteradha Tehsil Sardarsahar Distt. Churu (Raj.) (Belt No.882)

74. Monika D/o Shri Shankarlal, Aged About 33 Years, R/o Village And Post Bhimsana Tehsil Rajgarh Distt. Churu (Raj.) (Belt No.936)

75. Saroj Meena D/o Shri Manoharlal Meena, Aged About 33 Years, R/o Village And Post Ranasar Tehsil And Distt. Churu (Raj.) (Belt No.912)

76. Meera Mena D/o Shri Ramavtar, Aged About 33 Years, R/o

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Village Ajari Khurd Post Patusari Tehsil And Distt. Jhunjhunu (Raj.) (Belt No.932)

77. Nirmala Bai D/o Shri Gurudayal, Aged About 33 Years, R/o Village And Post Paju Tehsil Loharu Distt. Bhiwani (Haryana) (Belt No.929/272)

78. Vinod D/o Shri Prakashchandra, Aged About 36 Years, R/o Village And Post Jaswantpura Tehsil Rajgarh Distt. Churu Raj.) (Belt No.916/290)

79. Sharmila D/o Shri Mansingh, Aged About 35 Years, R/o Village And Post Utterada Bass Tehsil Bhadra Distt. Hanumangarh (Raj.) (Belt No.939)

80. Sunita Kumari D/o Shri Jaikaran, Aged About 34 Years, R/o Village And Post Devgarh Tehsil Taranagar Distt. Churu (Raj.) (Belt No.931/1268)

81. Renu Kumari D/o Shri Mohar Singh, Aged About 38 Years, R/o Village And Post Thimau Badi Tehsil Rajgarh Distt. Churu (Raj.) (Belt No. 937)

82. Sunita D/o Shri Dhanpat, Aged About 39 Years, R/o Village And Post Ojaria Tehsil Taranagar Distt. Churu (Raj.) (Belt No.909)

83. Silochana Saharan D/o Shri Dayaram Saharan, Aged About 33 Years, R/o Village And Post Khandwa Tehsil And Distt. Churu (Raj.) (Belt No.940)

84. Suman Kumari D/o Shri Ramchandra, Aged About 34 Years, R/o Village Kharia Bass Post Sankhu Fort Tehsil Rajgarh Distt. Churu (Raj.) (Belt No.935)

85. Poonam D/o Shri Bhagirath Singh, Aged About 33 Years, R/o Village Kailash Post Nethwa Tehsil Taranagar Distt. Churu (Raj.) (Belt No.902)

86. Sushila D/o Shri Ramkumar, Aged About 34 Years, R/o Village And Post Jaitpura Tehsil Rajgarh Distt. Churu (Raj.) (Belt No.943)

87. Shankuntla Pachar D/o Shri Ramkumar, Aged About 35 Years, R/o Village And Post Lilki Tehsil Rajgarh Distt. Churu (Raj.) Belt No.942)

88. Saroj Kumari D/o Shri Jagnaram, Aged About 35 Years, R/o Village Karanpura Post Laddiya Tehsil And Distt. Churu (Raj.) (Belt No.915)

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89. Suman Kaswan D/o Shri Arjun Ram, Aged About 39 Years, R/o Village And Post Butiya Tehsil Churu Distt. Churu (Raj.) (Belt No.734)

90. Nirmala Kumari D/o Shri Sohan Lal, Aged About 34 Years, R/o Village And Post Sirsala Tehsil And Distt. Churu (Raj.) (Belt No.914)

91. Naveen Kumari D/o Shri Sohan Lal, Aged About 33 Years, R/o Village And Post Sirsala Tehsil And Distt. Churu (Raj.) (Belt No.934)

92. Pooja Nayak D/o Shri Begaram Nayak, Aged About 34 Years, R/o Shiv Colony Gali No. 06 Jainarayan Vyas Colony Bikaner Distt. Bikaner (Raj.) (Belt No.923/1809)

93. Chandrakala D/o Shri Shyo Karan, Aged About 38 Years, R/o Village And Post 23 Ntr Tehsil Nohar Distt. Hanumangarh (Raj.) (Belt No.893/1897)

94. Amarawati D/o Shri Bhuraram, Aged About 42 Years, R/o Village And Post 23 Ntr Tehsil Nohar Distt. Hanumangarh (Raj.) (Belt No.677)

95. Kuldeep Singh S/o Shri Onkar Singh, Aged About 34 Years, R/o Village Kumar Poonia Post Bharu Tehsil Mandawa Distt. Jhunjhunu (Raj.) (Belt No.1224/955)

96. Kavita D/o Shri Parthvi Singh, Aged About 37 Years, R/o Village And Post Mulkpuriya Ki Dhani Tehsil Buhana Distt. Jhunjhunu (Raj.) (Belt No.1220/1064)

97. Ravi Prakash Sharma S/o Shri Janardan Sharma, Aged About 33 Years, R/o Village Mehari Purohitan Post Mehari Rajviyan Tehsil Sardarshahar District Churu (Raj.) (Belt No. 904)

----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, (Bikaner Range), Bikaner, (Rajasthan.)

4. Superintendent Of Police, Churu (Raj.)

5. Superintendent Of Police, Bundi (Raj.)

6. Commissionar Of Police, Jaipur (Raj.)

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7. Superintendent Of Police, Jhunjhunu (Raj.)

8. Superintendent Of Police, Hanumangarh (Raj.)

9. Superintendent Of Police, Bikaner (Raj.)

10. Superintendent Of Police, Shri Ganganagar (Raj.)

----Respondents

For Petitioner(s) : Mr. Vinod Jhajharia (through VC) For Respondent(s) :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/10/2023

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."

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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.