Hans Kumar Sharma vs State Of Rajasthan (2025:Rj-Jd:34414)
2025 Latest Caselaw 4224 Raj

Rajasthan High Court - Jodhpur

Hans Kumar Sharma vs State Of Rajasthan (2025:Rj-Jd:34414) on 5 August, 2025

Author: Nupur Bhati

Bench: Nupur Bhati

[2025:RJ-JD:34414]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 14730/2025

Hans Kumar Sharma S/o Madan Lal Sharma, Aged About 41
Years, Constable Driver Belt No. - 317, R/o Madhogarh, Tehsil
Bassi, Dist. Jaipur, (Raj.).
                                                                       ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Its Secretary, Department Of
         Home, Government Secretariat, Jaipur (Raj.).
2.       The    Principal   Secretary,        Department          Of    Of   Finance
         (Rules),     Government            Of      Rajasthan,         Government
         Secretariat, Jaipur, (Raj.).
3.       Director General Of Police, Police Head Quarter, Lal Kothi,
         Jaipur (Raj.).
4.       Superintendent Of Police, Ajmer, District - Ajmer, (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 petitioner 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

[2025:RJ-JD:34414] (2 of 2) [CW-14730/2025]

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 petitioner 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 petitioner 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 petitioner

would be entitled to the relief.

(DR.NUPUR BHATI),J

55-/Devesh/-

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