Citation : 2024 Latest Caselaw 9365 Raj
Judgement Date : 24 October, 2024
[2024:RJ-JD:43732]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14213/2024
1. Rina Meena (Belt No. 11410) D/o Shri Ramulal Meena,
Aged About 23 Years, (Belt No. 11410), R/o Village
Hurela Post Dharmpura, Tehsil Jamwaramgarh District
Jaipur (Rajasthan).
2. Om Prakash Choudhary (Belt No. (11283) S/o Shri
Laxman Lal Choudhary, Aged About 38 Years, R/o Village
Baget Post Khudiyala, Tehsil Mozamabad District Jaipur
(Rajasthan).
3. Suman Devi Yadav (Belt No. 11408) D/o Shri Murali Dhar
Yadav W/o Shri Ankit Yadav, Aged About 29 Years, R/o
Village Charanwas Post Aalisar, Via Kaladera, District
Jaipur (Rajasthan).
4. Prakash Chand Yadav (Belt No. 10999) S/o Shri
Rameshwar Prasad Yadav, Aged About 34 Years, R/o
Village Chakmanoharpur Post Devkaharwara, Tehsil Amer,
District Jaipur (Rajasthan).
5. Rakesh Kumar (Belt No. 11541) S/o Shri Brijmohan
Singh, Aged About 36 Years, R/o Village And Post Muhari,
Tehsil Veir, District Bharatpur (Rajasthan).
6. Mahendra Kumar Bairwa (Belt No. 10801) S/o Shri
Pannalal Bairwa, Aged About 34 Years, R/o Village Ramola
Post Bagru, Tehsil Sanganer, District Jaipur (Rajasthan).
7. Jairam Verma (Belt No. 11402) S/o Shri Heera Lal Raigar,
Aged About 38 Years, R/o Village Bhairupura Post
Naurangpura Tehsil Viratnagar, District Jaipur (Rajasthan).
8. Suman Gurjar (Belt No. 10695) D/o Shri Radhey Shyam
Gurjar W/o Shri Vikram Singh, Aged About 30 Years, R/o
Village Rampura Dhani Rajyora Via Paota, Tehsil Kotputli,
District Jaipur (Rajasthan).
9. Rajendra Prasad Meena (Belt No. 11465) S/o Shri Prabhu
Narayan Meena, Aged About 33 Years, R/o Village Gawar
Brahmanan Tehsil Sanganer Distt. Jaipur (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Home Secretary,
Secretariat, Jaipur (Raj.).
(Downloaded on 24/10/2024 at 09:51:49 PM)
[2024:RJ-JD:43732] (2 of 3) [CW-14213/2024]
2. Director General Of Police, Rajasthan, Jaipur.
3. Inspector General Of Police (Jaipur Range), Jaipur
(Rajasthan).
4. Commissioner Of Police, Jaipur (Raj.).
----Respondents
For Petitioner(s) : Mr. Vinod Jhajharia through VC
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
24/10/2024
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 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."
[2024:RJ-JD:43732] (3 of 3) [CW-14213/2024]
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
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.
(VINIT KUMAR MATHUR),J 387-Payal/-
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