Bawal Khan vs State Of Rajasthan (2024:Rj-Jd:36234)
2024 Latest Caselaw 7566 Raj

Citation : 2024 Latest Caselaw 7566 Raj
Judgement Date : 2 September, 2024

Rajasthan High Court - Jodhpur

Bawal Khan vs State Of Rajasthan (2024:Rj-Jd:36234) on 2 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:36234]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 14395/2024

1.       Bawal Khan S/o Samote Khan, Aged About 47 Years,
         Head Constable Belt No. 111, R/o Vpo Chhatrel, Roopsi,
         Dist. Jaisalmer (Raj.).
2.       Manchha Ram S/o Govinda Ram, Aged About 47 Years,
         Head Constable Belt No. 55, R/o Vpo Siharar, Tehsil
         Fatehgarh, Dist Jaisalmer (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),
         Government        Of     Rajasthan,         Government          Secretariat,
         Jaipur (Raj.).
3.       The    ADGP      (Armed       Battalion),        Police      Head     Quarter,
         Lalkothi, Jaipur (Raj.).
4.       The    Commandant,            1st     Battalion           Rajasthan    Armed
         Constabulary (RAC), Headquarter, Nagauri Bera Mandore,
         Jodhpur (Rajasthan).
5.       The    Commandant,           14th     Battalion           Rajasthan    Armed
         Constabulary (RAC), Headquarter (Mining), Pahari, Dist.
         Deeg/bharatpur, (Rajasthan).
                                                                     ----Respondents


For Petitioner(s)           :     Mr. O.P Sangwa
                                  Mr. Bheru Lal Jat



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

02/09/2024

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 vs. State of Rajasthan & Ors.: S.B.

Civil Writ Petition No.11973/2012, decided on 17.12.2012.

[2024:RJ-JD:36234] (2 of 3) [CW-14395/2024]

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."

3. Learned counsel, therefore, prays that the petitioners may

be permitted to file a detailed representation before the

competent authorities for redressal of his 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