Rajasthan High Court - Jodhpur

Sushil Kumar vs State Of Rajasthan (2024:Rj-Jd:43257) on 22 October, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:43257]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Writ Petition No. 16949/2024

1.       Sushil Kumar S/o Shri Shivkaran Ram, Aged About 30 Years,
         R/o Village Dodiyana, Tehsil Riyan Badi, District Nagaur (Raj.)
         Belt No. 1683).

2.       Mahendra Kilak S/o Shri Durga Ram, Aged About 31 Years, R/o
         Village Pundlota, Tehsil Degana, District Nagaur (Raj.) Belt No.
         2213).

3.       Shiv Karan Didwania S/o Shri Sukhdev Didwania, Aged About
         32 Years, R/o Village Mangliyawas, Tehsil Pisagan, District
         Ajmer (Raj.) Belt No. 2568.

4.       Ashok Kumar S/o Shri Teja Ram Choudhary, Aged About 29
         Years, R/o Village Gali No. 2, Kabir Nagar, Lohagal Ajmer
         (Raj.) Belt No. 2171.

5.       Manohar Lal Gurjar S/o Shri Ram Lal Gurjar, Aged About 33
         Years, R/o Village Cahhatari, Post Gagawana, District Ajmer
         (Raj.) Belt No. 2622

6.       Manohar Singh S/o Bhagwan Singh, Aged About 33 Years, R/o
         Village And Post Rora, Tehsil Nokha, District Bikaner, (Raj.)
         Belt No. 1130

7.       Vani Gopal S/o Shri Sua Lal, Aged About 36 Years, R/o Pratap
         Nagar, Ajmer (Raj.) Belt No. 2577

8.       N. Sunil Kumar S/o Shri Nemi Chand Jangid, Aged About 32
         Years, R/o Village Butati, Tehsil Degana, District Nagaur (Raj.)
         Belt No. 995

9.       Sanwar Mal S/o Shri Rambakash Vishnoi, Aged About 38
         Years, R/o Village Damboi Khurd, Tehsil Makrana, District
         Nagaur (Kuchaman-Didwana) (Raj.) Belt No. 1941

10.      Manraj Choudhary S/o Shri Nand Lal Choudhary, Aged About
         31 Years, R/o Bangro Ki Dhani Shalemabad, District Ajmer
         (Raj.) Belt No. 2746

11.      Sandeep Kumar S/o Shri Mohan Lal Yadav, Aged About 29
         Years, R/o Krishna Nagar Kolida, Tehsil Sikar, District Sikar
         (Raj.) Belt No. 1327

12.      Ravindra Yadav S/o Shri Ramphal Yadav, Aged About 33 Years,
         R/o A-105 Sanjay Nagar, Bharatpur (Raj.) Belt No. 2787

13.      Sharwan S/o Birbal, Aged About 30 Years, R/o Village Sinod,
         Tehsil Nagaur, District Nagaur (Raj.) Belt No. 2619


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14.      Sharda Bhakar D/o Shri Nema Ram Bhakar, Aged About 30
         Years, R/o    Village Hanumanpura, Tehsil Kuchaman City,
         District Didwana-Kuchaman (Raj.) Belt No. 2671

15.      Santosh Bajya D/o Shri Sukh Ram, Aged About 33 Years, R/o
         Village Bikharniya, Tehsil Degana, District Nagaur (Raj.) Belt
         No. 2740

16.      Kamlesh Choudhary S/o Shri Mota Ram Beniwal, Aged About
         31 Years, R/o Village Kurara, Tehsil Parabatsar, District
         Didwana - Kuchaman (Raj.) Belt No. 2736

17.      Garima Kumari Jat D/o Shri Ghasi Ram Jat, Aged About 32
         Years, R/o Village Pathraj Kalan, Tehsil Todraisingh, District
         Tonk (Raj.) Belt No. 2747

18.      Rekhraj Meena S/o Shri Balu Ram Meena, Aged About 33
         Years, R/o Village Suratpura, Tehsil Lalshot, District Dausa
         (Raj.) Belt No. 2689

19.      Harendra Tholiya S/o Shri Vijay Tholiya, Aged About 30 Years,
         R/o Village Khokhari, Tehsil Ladnun, District Didwana -
         Kuchaman (Raj.) Belt No. 1645

20.      Virendra Singh S/o Shri Balbeer Singh, Aged About 30 Years,
         R/o Village Sakatpura Bhawad, Tehsil Mundawar, District
         Khairthal Tijara (Raj.) Belt No. 1955

21.      Deva Ram S/o Shri Bhiram Ram, Aged About 30 Years, R/o
         Village Devgarh, Tehsil Riyan Badi, District Nagaur (Raj.) Belt
         No. 2611

22.      Suresh Kumar S/o Shri Heera Lal, Aged About 31 Years, R/o
         Village Sinodiya, Tehisl Roopangarh, District Ajmer (Raj.) Belt
         No. 2722

23.      Savitri D/o Shri Lekhu Ram, Aged About 33 Years, R/o Village
         Thikariya, Tehsil Neem Ka Thana, District Sikar (Raj.) Belt No.
         2636

24.      Manju Kumari D/o Hukum Singh, Aged About 34 Years, R/o
         Village Madapura, Tehsil Roopwas, District Bharatpur (Raj.)
         Belt No. 2739

25.      Suman Sharma D/o Shri Mahaveer Prasad Sharma, Aged
         About 29 Years, R/o Village Sadara, Tehsil Sawar, District
         Ajmer (Raj.) Belt No. 2734

26.      Chanchal Regar D/o Shri Likhma Ram, Aged About 31 Years,
         R/o Village Thanwala, Tehsil Riyan Badi, District Nagaur



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27.      Pinku Meena D/o Shri Gordhan Lal Meena, Aged About 29
         Years, R/o Village Purohito Ka Bas, Post Kali Pahadi, District
         Dausa (Raj.) Belt No. 2778

28.      Onkar Mal S/o Shri Kishan, Aged About 33 Years, R/o Village
         Singhana, District Didwana - Kuchaman (Raj.) Belt No. 2318

29.      Subhash Chandra S/o Shri Rameshwar Lal, Aged About 33
         Years, R/o Village Deenwa Ladkhani, Tehsil Fatehpur, District
         Sikar (Raj.) Belt No. 2025

                                                                    ----Petitioners

                                      Versus

1.       State Of Rajasthan, Through Its Secretary, Department Of
         Home, Government Secretariat, Jaipur (Raj.).

2.       Director General Of Police, Police Head Quarter, Lal Kothi,
         Jaipur (Raj.).

3.       Inspector General Of Police, Ajmer Range, Ajmer, Rajasthan.

4.       Superintendent Of Police, Ajmer, District Ajmer (Raj.).

                                                                  ----Respondents


For Petitioner(s)          :     Mr. O.P. Choudhary.




         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

22/10/2024

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

issue raised in the present writ petition is covered by the

judgment 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

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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. Learned counsel, therefore, prays that the petitioners may

be permitted to file a detailed representation before the

competent authorities for redressal of their grievances.

4. In view of the above, the present writ petition is disposed of

with liberty to the petitioners 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