Rajasthan High Court - Jodhpur

Prahlad Ram vs The State Of Rajasthan ... on 4 September, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:36760]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Civil Writ Petition No. 14583/2024

1.       Prahlad Ram S/o Ramlal, Aged About 28 Years, Village
         And Post Tilanesh, District Nagaur. (Raj.)
2.       Ram Gopal Bangali S/o Ram Sahay Bangali, Aged About
         34 Years, Village And Post Ward No.11, Rajpura, District
         Jaipur (Raj.)
3.       Suresh Chand Meena S/o Hari Singh, Aged About 36
         Years, Village And Post 127- Nagla Seer, Bhusawar, Tehsil
         Wair, District Bharatpur. (Raj.)
4.       Jeetendra Kumar S/o Hukam Singh, Aged About 33 Years,
         Village And Post Nagla Seer, Sendhi, Bhusawar, Tehsil
         Wair, District Bharatpur. (Raj.)
5.       Nemi Chand S/o Mahendra Singh, Aged About 39 Years,
         Village And Post Berkhera, District Dholpur. (Raj.)
6.       Manindra Kumar Bangali S/o Puran Mal Bangali, Aged
         About 34 Years, Village And Post Ward No.10, Rajpura,
         District Jaipur. (Raj.)
7.       Santosh Kumar Kumawat S/o Kailash Kumar Kumawat,
         Aged About 34 Years, Village And Post Kumawato Ki
         Bagichi, Nayabas, Tankarda, Dist. Jaipur. (Raj.)
8.       Ramjeewan S/o Mohan Ram, Aged About 38 Years,
         Village And Post Nenji Saran Ki Dhani, Ratkudiya, Dist
         Jodhpur. (Raj.)
9.       Jagdish Prasad Gurjar S/o Kedar Lal Gurjar, Aged About
         38 Years, Village And Post Malarna, Doongar, Kothaki,
         District Sawai Madhopur. (Raj.)
10.      Harman Ram S/o Suja Ram, Aged About 39 Years, Village
         And Post Sopara, Hiradesar, District Jodhpur (Raj.)
11.      Sita Ram Kulariya S/o Sultan Ram Kulriya, Aged About 35
         Years,      Village       And        Post       Khatushyamji,   Tehsil
         Dataramgarh, District Sikar. (Raj.)
12.      Vinod Kumar Saini S/o Rood Mal Saini, Aged About 35
         Years, Village And Post 17, Bhagwan Nagar Vistar, Nindar,
         Harmada Ghati, District Jaipur. (Raj.)
13.      Naveen Kumar Atal S/o Rameshwar Prasad Atal, Aged
         About 31 Years, Village And Post Manpura, District Jaipur.
         (Raj.)


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14.      Dinesh Kumar Meena S/o Prahlad Meena, Aged About 34
         Years, Village And Post Bagri, District Dausa. (Raj.)
15.      Asha Nanoma W/o Jitendra Bhagora, Aged About 40
         Years, Village And Post Mevada, Khadagda, Chandoli,
         District Dungarpur. (Raj.)
16.      Suresh Kumar S/o Tulsa Ram, Aged About 33 Years,
         Village And Post Digaon, Kardan, District Jalore. (Raj.)
17.      Pankaj Kumar Jakhar S/o Nathu Ram Jakhar, Aged About
         34 Years, Village And Post Govindpura, District Sikar.
         (Raj.)
18.      Raju Ram S/o Hari Ram, Aged About 31 Years, Village
         And Post Chatwara, District Jalore. (Raj.)
19.      Raj Kumar S/o Mangal Ram, Aged About 35 Years, Village
         And Post Nithari, District Alwar. (Raj.)
20.      Ami Lal S/o Shyo Pal, Aged About 38 Years, Village And
         Post Nabipura, District Sikar. (Raj.)
21.      Suresh Chand S/o Khem Chand, Aged About 31 Years,
         Village And Post 137, Khilya Mohalla, Thairawar, Tehsil
         Kumher, District Bharatpur. (Raj.)
22.      Ranjit Meena S/o Kishan Lal Meena, Aged About 32 Years,
         Village     And    Post      7     Dewalkheri,            Dhoriya,   District
         Chittorgarh. (Raj.)
23.      Mukesh Kumar S/o Pala Ram, Aged About 32 Years,
         Village And Post Hirna, District Sikar. (Raj.)
24.      Lekhraj Bairwa S/o Surajmal, Aged About 39 Years,
         Village And Post Durjanpur, District Kota. (Raj.)
25.      Banwari Lal Koli S/o Tulsi Ram Koli, Aged About 36 Years,
         Village And Post 461- Ward No.36, Koli Mohalla, Dadabadi
         Shitla Mata Mandir Ke Piche Gali No.02, Bhilwara, District
         Bhilwara. (Raj.)
26.      Ramesh Meena S/o Munshi Ram Meena, Aged About 32
         Years, Village And Post Ladiyaka, District Bharatpur. (Raj.)
27.      Unkar Lal S/o Mava, Aged About 38 Years, Village And
         Post 219, Banaiya Phala, Nenbara, District Udaipur. (Raj.)
28.      Rohitash Jat S/o Suraja Ram Jat, Aged About 33 Years,
         Village And Post Ward No.13, Bar Ka Khera, Tehsil Neem
         Ka Thana, District Sikar. (Raj.)
29.      Manju Kumari W/o Omprakash, Aged About 36 Years,

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         Village And Post Piliyon Ka Dhahar, Ward No.06, Tarpura,
         District Sikar. (Raj.)
30.      Pankaj Kumar S/o Rampal, Aged About 34 Years, Village
         And Post 75, Jatav Mohalla, Jharkai, Bhosinga, District
         Bharatpur. (Raj.)
31.      Ramswaroop Jat S/o Suja Ram Jat, Aged About 39 Years,
         Village And Post Wad No.05, Dhani Jhirawali, Charanwas
         Gajaji, Gathwadi, District Jaipur. (Raj.)
32.      Vijendra S/o Pratap Singh, Aged About 40 Years, Village
         And Post Sahi Kalan, District Jhunjhunu. (Raj.)
33.      Bansi Lal Lur S/o Lalu Ram, Aged About 32 Years, Village
         And Post Adol, District Udaipur. (Raj.)
34.      Girdhari Lal S/o Bhallu Ram, Aged About 40 Years, Village
         And Post Jur, District Jodhpur. (Raj.)
35.      Manjeet Kumar S/o Mahavir Singh, Aged About 34 Years,
         Village And Post Mahpalwas, District Jhunjhunu. (Raj.)
36.      Setu Bandh Jat S/o Chiranji Lal Jat, Aged About 35 Years,
         Village And Post Kishangarh Chhahra, District Sawai
         Madhopur. (Raj.)
37.      Babu Lal S/o Bhera Ram, Aged About 31 Years, Village
         And Post Kotra Karwada, Tehsil Raniwara, District Jalore.
         (Raj.)
38.      Ram Ratan S/o Kheta Ram, Aged About 34 Years, Village
         And Post Somararo Ki Hathai, Satheen, District Jodhpur.
         (Raj.)
39.      Surendra Singh S/o Teja Ram, Aged About 31 Years,
         Village And Post Khriya, District Churu. (Raj.)
                                                                  ----Petitioners
                                     Versus
1.       The State Of Rajasthan, Department Of Home, Through
         Its Joint Secretary, Govt. Secretariat, Jaipur (Raj.).
2.       The Principal Secretary, Department Of Finance (Rules),
         Government        Of    Rajasthan,         Government      Secretariat,
         Jaipur. (Raj.).
3.       The State Of Rajasthan, Through The Principal Secretary,
         Home Department, Government Of Rajasthan, Jaipur.
4.       The Director General Of Police (Prisons), Jaipur.


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5.       The Additional Director General And Inspector General Of
         Jail, Jaipur.
6.       The Deputy Inspector General Of Jail, Range Ajmer.
7.       The Deputy Inspector General Of Jail, Range Kota.
8.       The Deputy Inspector General Of Jail, Range, Udaipur.
9.       The Deputy Inspector General Of Jail, Range Jodhpur
                                                                     ----Respondents


For Petitioner(s)             :     Mr. O.P. Sangwa
For Respondent(s)             :     --



                HON'BLE MR. JUSTICE FARJAND ALI

Order

04/09/2024

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.

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

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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