Citation : 2025 Latest Caselaw 4221 Raj
Judgement Date : 5 August, 2025
[2025:RJ-JD:34416]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14733/2025
1. Prahlad Singh S/o Rohitash Kumar, Aged About 36 Years,
Constable Belt No. 1038, R/o 415, Main Road Se Purav
Bhag, Dhandhela, District Hanumangarh, (Raj.).
2. Subhash Chand S/o Manohar Lal, Aged About 40 Years,
Constable Belt No. 1036, R/o 22 Ptp-B, Kheruwala,
District Sri Ganganagar. (Raj.).
3. Lalita Rani W/o Hariom Gaba, Aged About 36 Years,
Constable Belt No. 1040, R/o T-12 Ambika Enclev 2Nd,
10-Z, Za, District Shri Sri Ganganagar. (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. Director General Of Police, Police Head Quarter, Lalkothi,
Jaipur (Raj.).
4. Superintendent Of Ploice, Sri Ganganagar, District- Sri
Ganganagar. (Raj.).
----Respondents
For Petitioner(s) : Mr. O.P. Sangwa with
Mr. Bheru Lal Jat
HON'BLE DR. JUSTICE NUPUR BHATI
Order
05/08/2025
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:
[2025:RJ-JD:34416] (2 of 2) [CW-14733/2025]
"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
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.
(DR.NUPUR BHATI),J
58-/Devesh/-
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