Atal Bihari vs The State Of Rajasthan ...
2023 Latest Caselaw 8609 Raj

[2023:RJ-JD:35553]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16146/2023

1. Atal Bihari S/o Hurma Meena, aged about 38 years, Resident of Village Damatalab Post Sagwara Pal Tehsil Rishabhdeo District Udaipur Rajasthan 313802 working in DCF Udaipur

2. Surendra Singh Chouhan S/o Chandan Singh, aged about 33 years, Resident of Village Nagar Post Adiwali Tehsil Kherwada Udaipur Rajasthan 313804 working in DCF Udaipur

3. Ghanshyam Singh Chundawat S/o Bhanwar Singh Chundawat, aged about 31 years, Resident of VPO Thada Tehsil Salumber Distt. Udaipur Pin 313027 Rajasthan working in DCF Udaipur

4. Sanjay Joshi S/o Heera Lal Joshi, aged about 28 years, Resident of Vill. Jhadol Thesil. Jhadol F. District Udaipur Rajasthan 313702 working in DCF Udaipur

5. Virendra Singh Jhala S/o Prem Singh Jhala, aged about 30 years, Resident of Village Nayagaon, Post-Khakhad, Tehsil Jhadol,udaipur Rajasthan 313702 working in DCF Udaipur

6. Lalu Ram Meena S/o Nanaji Meena, aged about 34 years, Resident of V/p Larathi Tehsil Kherwara District Udaipur Rajasthan working in DCF Udaipur

7. Bharat Singh Shaktawat S/o Sajjan Singh Shaktawat, aged about 30 years, Resident of Village Shathodra Post Sheshpur Tehsil Salumbar District Udaipur Rajasthan 313038 working in DCF Udaipur

8. Kannaiya Lal Barbar S/o Jamana Lal Barbar, aged about 33 years, Resident of VPO Lakadwas Tehsil Gurwa District Udaipur Rajasthan 313001 working in DCF Udaipur

9. Abdul Ruhab S/o Abdul Razzaq, aged about 32 years, Resident of Dargah Road, Raza Nagar Sarada, Tehsil Sarada, Udaipur, 313902 working in DCF Udaipur

10. Parbhu Lal Meena S/o Hanja Ram, aged about 31 years, Resident of VPO Garanala Tehsil Rishabhdeo District Udaipur Rajasthan 313802 working in DCF Udaipur

11. Dhanraj Meena S/o Bhagwan Lal Meena, aged about 33 years, Resident of Village Bassi Joyra Post Bassi Jhujhavat

[2023:RJ-JD:35553] (2 of 7) [CW-16146/2023]

Tehsil Salumber Distt Udaipur Rajasthan 313027 working in DCF Udaipur

12. Rakesh Kumar Nayak S/o Fatah Lal Nayak, aged about 34 years, Resident of 79 Bada Phala Adiwali Tehsil Kherwada District Udaipur Rajasthan 313804 working in DCF Udaipur

13. Sanjay Kumar Meena S/o Banshi Lal Meena, aged about 33 years, Resident of VPO Mandli Fala Nathara Tehsil Sarada District Udaipur Rajasthan 313902 working in DCF Udaipur

14. Jitendra Singh Rajput S/o Narpat Singh Rajput, aged about 31 years, Resident of Village Rampur Post Toker Tehsil Semari District Udaipur Rajasthan 313026 working in DCF Udaipur

15. Vijay Kumar Suthar S/o Inder Lal Ji Suthar, aged about 31 years, Resident of VPO Banoda Tehsil Salumbar District Udaipur Rajasthan 313027 working in DCF Udaipur

16. Jitendra Singh Ranawat S/o Laxman Singh Ranawat, aged about 34 years, Resident of Vill.babri Kheda Po.ghodi,th.rishabhdev, Dis. Udaipur, Pin 313802 Rajasthan working in Udaipur

17. Prakash Kumhar S/o Savji, aged about 31 years, Resident of Village Emaniya Padla Post Itali Khera Salumber Dist Salumber Udaipur Rajasthan Pin Code 313026 working in Udaipur

18. Mahipal Singh Jhala S/o Naval Singh Jhala, aged about 33 years, Resident of Village Kochala, Post - Sultan Ji Ka Kherwara, Tehsil - Jhadol, Udaipur Rajasthan 313702 working in DCF Udaipur

19. Bhavna Purbiya D/o Ganesh Lal Purbiya, aged about 30 years, VPO Khakhd Tehsil Jhadol F. District Udaipur Rajasthan 313702 working in DCF Udaipur

20. Rekha Kumari Patel D/o Lal Chand Patel, aged about 31 years, Resident of VPO Bhanda Teh Kherwara Dist Udaipur Rajasthan working in DCF Udaipur

21. Surbhi Bhil D/o Kamla Shankar, aged about 34 years, Resident of Vill Nawaghar Post Bawalwara Tehsil Kherwara District Udaipur Rajasthan 313803 working in DCF

[2023:RJ-JD:35553] (3 of 7) [CW-16146/2023]

Udaipur

22. Sumitra Fanat W/o Shri Jeevat Ram, aged about 41 years, Resident of Village Kakrdara Post Bhrothi Bhraman Tehsil Kherwara Dist Udaipur Rajasthan working in DCF Udaipur

23. Leena Kumari Ranawat D/o Himmat Singh Ranawat, aged about 36 years, Resident of Village Dhelai Post Parsad Teh Sarada Distt Udaipur Rajasthan working in DCF Udaipur

24. Gotam Lal Salvi S/o Gamer Lal Salvi, aged about 37 years, Resident of Salvi Mohalla Dal Tehsil Salumbar District Udaipur Rajastahn 313027 working in DCF Udaipur

25. Kanti Lal Meena S/o Nathuji Meena, aged about 37 years, Resident of Village Mundawada B Post Khandi Obari Teh Kherwara Dist Udaipur Rajasthan Pin Code 313803 working in DCF Udaipur

26. Narendra Kumar Meena S/o Amarchand, aged about 36 years, Vill. Bhalun Post Dhelana Tehsil Rishabhdev Distt. Udaipur Rajasthan 313802 working in DCF Udaipur

27. Kamla Shankar Meena S/o Lalu Das Mena, aged about 35 years, Vill. Babarmal Posd Kewada Khurd Tehsil Sarada District Udaipur Rajasthan 313001 working in DCF Udaipur

28. Rajendra Kumar Meena S/o Ramji Meena, aged about 34 years, Viill. Kalshuya Fala Katev Tehsil Rishabhdeo Distik Udaipur Rajasthan 313026 working in DCF Udaipur

29. Vijesh Kumar Ahari S/o Vardi Chand Ahari, aged about 37 years, Resident of Vill. Modiwasa Tehsil Kherwada District Udaipur Rajasthan 313804 working in DCF Udaipur

30. Rajendra Kumar Meena S/o Jalam Chand Meena, aged about 38 years, Vill. Suveda Post Brothi Brahman Tehsil Kherwada District Udaipur Rajasthan 313803 working in DCF Udaipur

31. Harish Kumar Meena S/o Devi Lal Meena, aged about 35 years, VPO Khameen Tehsil Kherwada Udaipur Rajasthan 313803 working in DCF Udaipur

32. Panna Lal Meena S/o Kalu Lal Meena, aged about 33 years, Vill. Singhatwada Fala Kalighati Tehsil Sarada District Udaipur Rajasthan 313901 working in DCF

[2023:RJ-JD:35553] (4 of 7) [CW-16146/2023]

Udaipur

33. Varda Ram Bhil S/o Hamera Bhil, aged about 28 years, Vill. Bhil Basati Takatpura (Ghati) Poat Karawali Tehsil Salumbar District Udaipur Rajstahn 313027 working in DCF Udaipu

34. Keshav Lal Meena S/o Bhera Meena, aged about 29 years, Village Amarpura Fala Garada Post Tidi Teh - Girva Dist Udaipur Rajasthan working in Udaipur

35. Roshan Lal Meena S/o Dharma Meena, aged about 37 years, Viil Kharbar Hamitad Fala Post Parsad Tehsil Sarada District Udaipur Rajasthan 313801 working in DCF Udaipur

36. Panna Lal Khokhariya S/o Devi Lal Khokhariya, aged about 33 years, Vill. Padaliya Post Bawalwara Tehsil Kherwada District Udaipur Rajasthan 313803 working in DCF Udaipur

37. Krishna Lal Meena S/o Kamji Meena, aged about 37 years, Vill. Mithimahudi Post Chhani Mithimahudi Tehsil Kherwada District Udaipur Rajstahn 313804 working in DCF Udaipur

38. Raju Meena S/o Heera Lal Meena, aged about 34 years, Vill. Chatpur Post Kherad Tehsil Salumbar District Udaipur Rajasthan 313027 working in DCF Udaipur

39. Harisha Kumar Meena S/o Parbhu Lal Meena, aged about 35 years, Vill. Saru Tehsil Girwa District Udaipur Rajstahn 313801 working in DCF Udaipur

40. Pankaj Kumar Meena S/o Bhanwar Lal Meena, aged about 34 years, Vill. Sasei Post Nathara Tehsil Sarada District Udaipur Rajasthan 313904 working in DCF Udaipur

41. Kanti Lal Hangat S/o Kauwa Hangat, aged about 34 years, VPO Dabayacha Tehsil Kherwada District Udaipur Rajasthan 313804 working in DCF Udaipur

42. Manju Kumari Damor D/o Lalu Ram Damor, aged about 39 years, Vill. Selana Post Makaradev Teh - Jhadol Dist - Udaipur Rajasthan Working Udaipur

43. Narbada Kumari D/o Shankar Lal Meena, aged about 29 years, VPO Sadakdi Tehsil Sarada District Udaipur Rajasthan 313903 working in DCF Udaipur

44. Kokila Meena D/o Daulat Ram Meena, aged about 37

[2023:RJ-JD:35553] (5 of 7) [CW-16146/2023]

years, Vill. Katev Post Itali Kheda Tehsil Rishbhdeo District Udaipur Rajasthan 313001 working in DCF Udaipur

45. Durga Kumari Kharadi D/o Laxmi Lal Kharadi, aged about 30 years, VPO - Nichli Sigree Teh Jadhol (Ph) Distt. Udaipur Rajasthan working in Udaipur

46. Sumitra Kumari Meena D/o Ramji Meena, aged about 31 years, Vill. Bhut Fala Khanmeena Tehsil Kherwada District Udaipur Rajasthan 313803 working in DCF Udaipur

47. Keshar Kumari Meena D/o Mavji Meena, aged about 36 years, VPO - Bhorai Teh Semari District Udaipur Rajasthan working in DCF Udaipur

48. Ranjana Dodiyar D/o Banshi Lal Dodiyar, aged about 34 years, Vill Hn 8 Jhada Amla Mali Colony Girwa District Udaipur Rajasthan 313001 working in DCF Udaipur

49. Krishna Kumari Kasota D/o Lal Das Kasota, aged about 35 years, Vill. Amliya Tehsil Jhadol F District Udaipur Rajasthan 313701 working in DCF Udaipur

50. Vikram Singh Ratore S/o Laxman Singh, aged about 30 years, Village Badawali Tehsil Semari District Udaipur Rajasthan 313026 working in DCF Udaipur

51. Dushant Singh Shaktawat S/o Padam Singh Shaktawat, aged about 31 years, Vill. Bhimpur Tehsil Semari District Udaipur Rajasthan working in DCF Udaipur

52. Praveen Singh Jhala S/o Bhopal Singh Jhala, aged about 30 years, Vill.bhagor Post Kalyanpur Tehsil Rishabdev District Udaipur Rajasthan 313903 working in DCF Udaipur

53. Ranveer Singh Rathore S/o Bheru Singh Rathore, aged about 31 years, Village Chanwad Tehsil Sarada District Udaipur Rajasthan working in DCF Udaipur

54. Dharmendra Singh Shaktawat S/o Ranveer Singh Shaktawat, aged about 31 years, Vill. Bhimpur Tehsil Semari District Udaipur Rajasthan working in DCF Udaipur

55. Kamla Kumari Kharadi D/o Bhima Ji Kharadi, aged about 37 years, VPO Dhimdi Oda Tehsil Jhadol Distt Udaipur Rajasthan 313702 working in DCF Udaipur

56. Bharat Kumar Lohar S/o Heera Lal Lohar, aged about 31 years, Village - Thobawara Post -Upreta Tehsil Jhadol District Udaipur Rajasthan working in Udaipur Dcf Udaipur

[2023:RJ-JD:35553] (6 of 7) [CW-16146/2023]

57. Omprakash Meena S/o Amar Chandra Meena, aged about 36 years, Village Parai Post Parsad Tehsil Sarada District Udaipur Rajasthan 313801 working in DCF Udaipur

58. Rakesh Kumar Gadat S/o Jawahar Lal, aged about 31 years, Vill.post Dheekwas Tehsil Kherwara Udaipur Raj. working in DCF Udaipur

59. Parkash Patel S/o Punjaji, aged about 31 years, Vill.

Mahudi Post Shyampura Tehsil Sarada District Udaipur Rajasthan 313905 working in DCF Udaipur

60. Roop Lal Parmar S/o Kana Parmar, aged about 36 years, Village Parmarwada Post Deri Kherwada District Udaipur Rajasthan 313804 working in DCF Udaipur

61. Jashoda Meena D/o Heera Lal Meena, aged about 39 years, Vill. Nichla Mandwa Ghodi Tehsil Rishabhadev District Udaipur Rajasthan 313802 working in DCF Udaipur

62. Bhawana Kumari Bhil D/o Dita Ram Bhil, aged about 33 years, Village Kanbai Thesil Nayagaon District Udaipur Rajasthan 313804 working in DCF Udaipur

----Petitioners Versus

1. The State of Rajasthan through its Secretary, Department of Forest, Secretariat, Rajasthan, Jaipur.

2. The Principal Chief Conservator of Forest (Hoff), Aranvya Bhawan, Jaipur, Rajasthan.

3. The Chief Conservator of Forest, Udaipur

4. Dy. Conservator of Forest, Udaipur.

                                                                    ----Respondents


For Petitioner(s)            :    Mr. Achala Ram &
                                  Mr. Narendra Godara.


             HON'BLE MR. JUSTICE ARUN BHANSALI
                                       Order
17/10/2023

1. It is submitted by the counsel for the petitioners that the

issue raised in the present writ petition is covered by the

[2023:RJ-JD:35553] (7 of 7) [CW-16146/2023]

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."

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.

(ARUN BHANSALI),J 171-DJ/-

Powered by TCPDF (www.tcpdf.org)