Rajasthan High Court - Jodhpur
Lal Chand Meena vs State Of Rajasthan (2024:Rj-Jd:42881) on 21 October, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:42881]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17362/2024
Lal Chand Meena S/o Shri Nanag Ram Meena, Aged About 34
Years, R/o Meeno Ka Mohalla, Kaloo Ka Bas, District Jaipur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home, Government Secretariat, Jaipur, Rajasthan.
2. The Principal Secretary, Department Of Finance (Rules),
Government Of Rajasthan, Government Secretariat,
Jaipur, Rajasthan.
3. The Additional Director General Of Police (Armed
Battalion), Police Head Quarter, Lal Kothi, Jaipur,
Rajasthan.
4. The Commandant, 12th Battalion Rajasthan Armed
Constabulary (RAC), (IR) Headquarter, Vikaspuri, New
Delhi.
----Respondents
For Petitioner(s) : Mr. Keshav Bhati
Mr. Sukhdev Singh Solanki
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
21/10/2024
1. It is submitted by the counsel for the petitioner that the
issue raised in the present writ petition is covered by the
judgment in Dara Singh vs. 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.
[2024:RJ-JD:42881] (2 of 2) [CW-17362/2024]
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. Learned counsel, therefore, prays that the petitioner may be
permitted to file a detailed representation before the competent
authorities for redressal of her grievances.
4. In view of the above, the present writ petition is disposed of
with liberty to the petitioner to file a representation to the
competent authorities of the department and the competent
authorities of the department are directed to decide the same
within a period of four weeks from the date of receipt of such
representation, keeping in mind the law laid down by this Court in
the case of Dara Singh (supra).
5. 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 petitioner
would be entitled to the relief.
(VINIT KUMAR MATHUR),J
476-/Arun P/-
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