Rajasthan High Court - Jodhpur
Neeraj Kumar Gurjar vs State Of Rajasthan (2024:Rj-Jd:43717) on 24 October, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:43717]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17901/2024
Neeraj Kumar Gurjar S/o Prabhu Dayal Gurjar, Aged About 33
Years, R/o Vpo Moradi, Post Pratappura, Bandikui, Dist. Dausa,
Belt No. 801.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Home, Government Of Rajasthan Secretariat, Jaipur
(Raj.).
2. The Principal Secretary, Department Of Finance (Rules),
Government Of Rajasthan, Government Secretariat,
Jaipur (Raj.).
3. The Adgp (Armed Battalion), Police Head Quarter,
Lalkothi, Jaipur (Raj.).
4. The Commandant, 5Th Battalion Rajasthan Armed
Constabulary (Rac), (Ir) Headquarter, Jaipur (Raj.).
----Respondents
For Petitioner(s) : Mr. OP Sangwa
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
[2024:RJ-JD:43717] (2 of 2) [CW-17901/2024]
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
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
78-Payal/-
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