Hargovind Singh vs State Of Rajasthan (2024:Rj-Jd:40473)
2024 Latest Caselaw 8604 Raj

Rajasthan High Court - Jodhpur

Hargovind Singh vs State Of Rajasthan (2024:Rj-Jd:40473) on 27 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:40473]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Civil Writ Petition No. 12365/2024

1.       Hargovind Singh S/o Sh. Ramdhan, Aged About 47 Years,
         R/o Village And Post Bhandari, Tehsil Sikrai, District
         Dausa. Constable No. 670, Iv Bn. Rac Jaipur.
2.       Hanuman Prasad S/o Sh. Narayan, Aged About 50 Years,
         R/o Jagsara, Post Dattwas, Tehsil Nivai, District Tonk,
         Constable 430, Comdt. Iv Bn. Rac Jaipur.
3.       Papudan Singh S/o Sh. Sundaram, Aged About 49 Years,
         R/o Dhani Dhaharwala, Gram Panchayat Sanay Nagar,
         Tehsil Khetdi, District Jhunjhunu. Constable 321, Comdt.
         Iv Bn. Rac Jaipur.
4.       Sarjeet Singh S/o Sh. Mahaveer Singh, Aged About 48
         Years, R/o Village And Post Dabla, Tehsil Neem Ka Thana,
         District Sikar. Constable No. 542, Comdt. Iv Bn. Rac
         Jaipur.
5.       Vishamber Dayal S/o Sh. Jagdish Prashad, Aged About 43
         Years, Resident Of Village And Post Sundarpura (Dhadha)
         Via. Prayagpura, District Jaipur. Head Constable No. 111,
         Comdt. Iv Bn. Rac Jaipur.
6.       Bhalle Singh S/o Sh. Surat Singh, Aged About 46 Years,
         Resident Of Village And Post Patwan, Tehsil Luharu,
         District Bhiwani Haryana. Constable No. 334, Comdt. Iv
         Bn. Rac Jaipur.
7.       Mahendra Singh S/o Sh. Lalchand, Aged About 46 Years,
         R/o Village And Post Maharajawas, Tehsil Behror, District
         Alwar. Constable No. 238, Comdt. Iv Bn. Rac Jaipur.
8.       Kailash Chand Meena S/o Sh. Kalu Ram Meena, Aged
         About 49 Years, Resident Of Village And Post Gumanpura,
         Tehsil Baharawanda, District Dausa. Constable No. 820,
         Comdt. Iv Bn. Rac Jaipur.
9.       Dhujilal S/o Sh. Tofan Lal Meena, Aged About 53 Years,
         Resident Of Dhani Dholki, Village Jhar, District Jaipur.
         Constable No. 596, Comdt. V Bn. Rac Jaipur.
10.      Lakhan Singh S/o Sh. Harbhan Singh, Aged About 46
         Years,      R/o      Village      Bulahedi,        Post       Ramnagar,   Tehsil
         Lakshmangarh, District Alwar. Constable No. 536, Comdt.
         Xiii Bn. Rac (Jail Security) Jaipur.
                                                                          ----Petitioners

                           (Downloaded on 27/09/2024 at 10:36:30 PM)
 [2024:RJ-JD:40473]                        (2 of 3)                         [CW-12365/2024]


                                         Versus
1.       State       Of   Rajasthan,         Through         Its      Home      Secretary,
         Secretariat, Rajasthan, Jaipur.
2.       The Principal Secretary, Department Of Finance (Rules),
         Government           Of     Rajasthan,         Government           Secretariat,
         Jaipur, Rajasthan.
3.       The     Adgp      (Armed         Battalion),        Police      Head     Quarter,
         Lalkothi, Jaipur (Raj.).
4.       The     Commandant,             Ivth        Battalion        Rajasthan    Armed
         Constabulary (Rac), Head Quarter, Jaipur (Rajasthan).
5.       The     Commandant,              Vth     Battalion           Rajasthan    Armed
         Constabulary (Rac), Head Quarter, Jaipur (Rajasthan).
6.       The     Commandant,             Xiiith      Battalion        Rajasthan    Armed
         Constabulary (Rac), (Jail Security), Jaipur (Rajasthan).
                                                                        ----Respondents


For Petitioner(s)              :     Mr. K.L. Chauhan.
For Respondent(s)              :



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

27/09/2024

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 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.

[2024:RJ-JD:40473] (3 of 3) [CW-12365/2024]

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. In view of the submissions made, the writ petition filed by

the petitioners is disposed of with similar directions to the

respondents No.3 & 4 as given in the case of Dara Singh (supra).

4. 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

378-Shahenshah/-

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