Rajasthan High Court - Jodhpur

Prakash Chandra vs State Of Rajasthant ... on 12 October, 2023

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16044/2023

1. Prakash Chandra S/o Shri Prabhu Ram, Aged About 35 Years, R/o Village Chak 16 Md Post Munda Tehsil Hanumangarh Distt. Hanumangarh (Raj.)

2. Krishan Kumar S/o Shri Om Gir, Aged About 28 Years, R/o Village Devasar Post Sirangsar Tehsil Nohar Distt. Hanumangarh (Raj.)

3. Norang Lal S/o Shri Sadhu Ram, Aged About 35 Years, R/o Village 62 Rb Post Kikarwali Tehsil Raisinghnagar Distt. Sri Ganganagar (Raj.)

4. Amba Lal Meena S/o Shri Faili Ram Meena, Aged About 32 Years, R/o Village Ram Nagar Revdi Post Bad Badwa Tehsil Lalsot Distt. Dausa (Raj.)

5. Aklesh Kumar Sharma S/o Shri Hari Prasad Sharma, Aged About 33 Years, R/o Out Side Mela Gate, Near Water Box Boring No. 7 Karauli, Tehsil And District Karauli (Raj.)

6. Rajkumar Sharma S/o Shri Sohan Lal Sharma, Aged About 32 Years, R/o Village Burana Post And Tehsil Pahari, District Bharatpur(Raj.)

7. Bablu S/o Shri Bane Singh, Aged About 34 Years, R/o Village And Post Tighariya, Tehsil Hindaun City, District Karauli(Raj.)

8. Mukesh Kumar Sharma S/o Shri Ramawatar Sharma, Aged About 28 Years, R/o Village Neem Ka Para Post Sindoli, Tehsil And District Dausa (Raj.)

9. Sukesh Kumar Gurjar S/o Shri Siya Ram Gurjar, Aged About 29 Years, R/o Village Samoli Post And Tehsil Kathumar, District Alwar (Raj.)

10. Yogesh Kumar Sharma S/o Shri Narendra Kumar, Aged About 32 Years, R/o Village And Post Pakhar, Tehsil Mahwa District Dausa (Raj.)

11. Sandeep Singh Chouhan S/o Shri Randhir Singh, Aged About 31 Years, R/o Village Chak Alipura, Post Palunda, Tehsil Rahuwas, District Dausa (Raj.)

12. Kailash Chand Kulpadiya S/o Shri Siyaram Sharma, Aged About 30 Years, R/o Village Berkhera Post Vijaypura, Tehsil Hindaun City District Karauli (Raj.)

13. Manoj Verg S/o Shri Jayshankar Chheepee, Aged About 30 Years, R/o Village And Post Wazirpur, Tehsil Wazirpur, District Sawai Madhopur (Raj.)

14. Purushottam Upadhyay S/o Shri Murari Lal Sharma, Aged About 28 Years, R/o Village Bhojpura Post Kailai, Tehsil Sikrai, District Dausa (Raj.)

15. Muneesh S/o Shri Chandra Bhan, Aged About 30 Years, R/o Village And Post Bahaj, Tehsil Deeg District Bharatpur

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(Raj)

16. Sant Ram Jatav S/o Shri Peetam Jatav, Aged About 31 Years, R/o Village Bhauapura Post Ratiyapura , Tehsil Masalpur, District Karauli (Raj.)

17. Bajrang Singh Deshwal S/o Shri Karan Singh, Aged About 29 Years, R/o Village Samaspur Post Dhand, Tehsil Mahwa District Dausa (Raj.)

18. Pintu Kumar Prajapat S/o Shri Bharat Lal Prajapat, Aged About 29 Years, R/o Village And Post Khedi Haiwat, Tehsil Hindaun City District Karauli (Raj.)

19. Laukesh Kumar S/o Shri Tursiram, Aged About 27 Years, R/o Village And Post Naglatula Tehsil Roopwash District Bharatpur (Raj.)

20. Laxmi Chand Tamoli S/o Shri Duli Chand Tamoli, Aged About 32 Years, R/o Village And Post Garhmora Tehsil Nadauti Distt. Sri Karauli (Raj.)

21. Moti Singh S/o Shri Govind Singh, Aged About 28 Years, R/o Village And Post Khakholi Tehsil Dhod Distt. Sikar (Raj.)

22. Shashikant Sharma S/o Shri Shantosh Sharma, Aged About 31 Years, R/o Village And Post Kurgaon Tehsil Sapotra Distt. Karauli (Raj.)

23. Vishnu Singh S/o Shri Pratap, Aged About 28 Years, R/o Village And Post Panhori Tehsil Deeg District Bharatpur (Raj.)

24. Vijay Singh S/o Shri Kishan Lal Gurjar, Aged About 29 Years, R/o Village And Post Sankda Tehsil Malarna Dungar Distt. Sawai Madhopur (Raj.)

25. Vishnu Kumar S/o Shri Megh Singh, Aged About 34 Years, R/o Village And Post Kherli Gadasiya Tehsil Bayana Distt. Bharatpur (Raj.)

26. Shalendra Singh Rajawat S/o Shri Pritam Singh, Aged About 30 Years, R/o Village And Post Kolwa Tehsil Baswa Distt. Dausa (Raj.)

27. Hariom Singh S/o Shri Hardev Singh, Aged About 31 Years, R/o Village Khedla Post Tesgoan Tehsil Nadauti Distt. Karauli (Raj.)

28. Deviram Gurjar S/o Shri Hari Singh Gurjar, Aged About 33 Years, R/o Village And Post Rajaheda Tehsil Nadauti Distt. Karauli (Raj.)

29. Manvendra Singh S/o Shri Ramveer, Aged About 28 Years, R/o Village Duvepura Post Gadhi Chatola Tehsil Saipau Distt. Dholpur (Raj.)

30. Udal Singh Gurjar S/o Shri Babu Singh Gurjar, Aged About 30 Years, R/o Village And Post Nisura Tehsil Todabhim Distt. Karauli (Raj.)

31. Shashi Pratap Gurjar S/o Shri Harsahay Gurjar, Aged About 31 Years, R/o Village And Post Gahanoli Tehsil

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Bamanwas Distt. Sawai Madhopur (Raj.)

32. Jitendra Kumar Gurjar S/o Shri Harikishan Gurjar, Aged About 35 Years, Village Bhojpura Post Kailai Tehsil Sikrai Distt. Dausa (Raj.)

33. Nagendra Pal S/o Shri Durga, Aged About 31 Years, R/o Village And Post Sapotra Tehsil Sapotra Distt. Karauli (Raj.)

34. Ronu Kumar S/o Shri Peetam Singh, Aged About 27 Years, R/o Village And Post Kasot Tehsil Deeg Distt. Bharatpur (Raj.)

35. Ravi Raj Bhagor S/o Shri Fateh Singh, Aged About 33 Years, R/o Village And Post Katauti Tehsil Nadabai Distt. Bharatpur (Raj.)

36. Giriraj Saini S/o Shri Shivji Lal Saini, Aged About 30 Years, R/o Village And Post Uniyara Distt. Tonk (Raj.)

37. Bhanu Pratap Gurjar S/o Shri Harsahay Gurjar, Aged About 31 Years, R/o Village And Post Gahanoli Tehsil Bamanwas Distt.sawai Madhopur (Raj.)

38. Harendra Solanki S/o Shri Balmukand Solanki, Aged About 30 Years, R/o Village And Post Pura Bai Kheda Tehsil Bayana Distt. Bharatpur (Raj.)

39. Hariom Singh S/o Shri Bharat Lal, Aged About 31 Years, R/o Village And Post Tighariya Tehsil Todabhim Distt. Karauli (Raj.)

40. Chandrakant Sharma S/o Shri Santosh Sharma, Aged About 31 Years, R/o Village And Post Lalsot Tehsil Lalsot Distt. Dausa (Raj.)

41. Harpal Singh S/o Shri Preetam Singh, Aged About 27 Years, R/o Village Shanawali Post Rarah Tehsil And Distt. Bharatpur (Raj.)

42. Premshankar S/o Shri Kailash Chand Sharma, Aged About 29 Years, R/o Village And Post Gobra Tehsil Nadbai Distt. Bharatpur (Raj.)

43. Kuldeep Singh S/o Shri Hetsingh, Aged About 32 Years, R/o Village And Post Gobra Tehsil Nadbai Distt. Bharatpur (Raj.)

44. Manvir Singh S/o Shri Munshi Ram, Aged About 34 Years, R/o Village And Post Barouli Chauth Tehsil Deeg, Distt. Bharatpur (Raj.)

----Petitioners Versus

1. State Of Rajasthant, Through Its Home Secretary, Secretariat, Jaipur (Raj.).

2. Director General Of Police, Rajasthan, Jaipur

3. Inspector General Of Police (Bikaner Range), Bikaner, (Rajasthan.)

4. Inspector General Of Police (Bharatpur Range), Bharatpur,

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(Rajasthan.)

5. Superintendent Of Police, Sri Ganganagar (Raj.)

6. Superintendent Of Police, Karauli (Raj.).

----Respondents

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

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/10/2023

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.