Rajasthan High Court - Jodhpur
Dharmendra Tholia vs State Of Rajasthan (2024:Rj-Jd:8274) on 16 February, 2024
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2024:RJ-JD:8274]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2224/2024
1. Dharmendra Tholia S/o Baldev Ram, Aged About 30
Years, Belt Na 1202/441 Posted At Dist - Kota City,
Present Posting - Dist - Jodhpur Rural Address - Village
Dugoli, Ps Jayal, Nagour (Raj.).
2. Suresh Kumar S/o Ladu Ram, Aged About 32 Years, Belt
No. 1129/985 Posted At Dist - Kota City, Present Posting
Dist - Pali, Address - Village Punasa, Ps Bhinmal, Tehsil
Bhinmal, District Jalore (Raj.).
3. Harvendra Singh S/o Mohan Singh, Aged About 34 Years,
Belt No. 555/509 Posted At Dist - Kota City, Present
Posting Dist - Dholpur Address Village And Post Uchhain
Tehsil Uchhain District Bharatpur (Raj.).
4. Satyanarayan Gurjar S/o Shri Ramkhilari Gurjar, Aged
About 35 Years, Belt No. 1329/4022 Posted At Dist - Kota
City, Present Posting Dist - Jaipur Commisnret, Address -
Villege Dubbi, Teh Sikarai, Dist. Dausa, (Raj.).
5. Chetan Kumar Yadav S/o Radha Kishan Yadav, Aged
About 31 Years, Belt No. 1908 Posted At Dist - Kota City,
Address - Village Chanani, Tehsil - Newai, District Tonk
(Raj.).
6. Amar Singh Gurjar S/o Babu Lal, Aged About 30 Years,
Belt No. 1413 Posted At Dist - Kota City, Address Village
Bichpuri, Ps Urden, Tehsil Todabhim, District Gangapur
(Raj.).
7. Jay Singh Gurjar S/o Shri Ram Bhajan Gurjar, Aged About
30 Years, Belt No. 1401 Posted At Dist - Kota City,
Address Vill - Toongi, The - Bassi Dist - Jaipur, (Raj.).
8. Satveer Singh S/o Bhagwan Singh, Aged About 37 Years,
Belt No. 1483 Posted At Dist - Kota City, Address - Village
Mudhera Ps Nagar Tehsil Nagar District Bharatpur (Raj.).
9. Pappu Lal Meena S/o Bihari Lal Meena, Aged About 32
Years, Belt No. 666 Posted At Dist - Kota City, Address -
Kr- G-2 Ghudsal Ke Pichhe, Reserve Police Line Baran
Road, Kota City (Raj.).
10. Shiva Choudhary S/o Ratan Lal Choudhary, Aged About
33 Years, Belt No. 1270 Kota City, Address - Village Kali
Dungar Teh Kishangarh Dist Ajmer (Raj.).
11. Prakash Chand Saini S/o Babulal Saini, Aged About 34
Years, Belt No. 1064 Posted At Dist - Kota City, Address
Village Chala, Ps Neem Ka Thana, Tehsil Neem Ka Thana,
District Neem Ka Thana Sikar (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Home, Government Secretariat, Jaipur (Raj.).
2. The Principal Secretary, Department Of Finance (Rules),
[2024:RJ-JD:8274] (2 of 3) [CW-2224/2024]
Government Of Rajasthan, Government Secretariat,
Jaipur, (Raj.).
3. Director General Of Police, Police Head Quarter, Lal Kothi,
Jaipur (Raj.).
4. Superintendent Of Police, Kota City, District - Kota (Raj.).
----Respondents
For Petitioner(s) : Mr. O.P. Sangwa
JUSTICE DINESH MEHTA
Order
16/02/2024
1. It is submitted by the counsel for the petitioners that the
issue raised in the present writ petition is covered by the
judgment rendered in the case of 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 that 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
[2024:RJ-JD:8274] (3 of 3) [CW-2224/2024]
allowed from the date of joining pursuant to the
order dated 13.12.2012.
With the aforesaid, writ petition stands disposed
of."
3. Without going into the merits of the case, the writ petition is
disposed of with direction to the petitioners to file a representation
before the competent authority of the respondents along with a
certified copy of the order instant and photo-stat copy of the
judgment in the case of Dara Singh (supra) with a period of two
weeks. .
4. In case, a representation is so addressed within the aforesaid
period, the competent authority of respondents shall decide the
same and consider petitioners' entitlement in accordance with the
law laid down in the case of Dara Singh (supra) as early as
possible, preferably within a period of eight weeks.
5. It is made clear that aforesaid direction to decide the
representation has been issued only with a view to ensure
expeditious redressal of petitioner's grievance. The same may not
be construed to be an order to decide the representation in a
particular manner.
6. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
22-Mak/-
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