Rajasthan High Court - Jodhpur
Sandeep vs The State Of Rajasthan ... on 5 August, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:34405]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14712/2025
Sandeep S/o Sardara Ram, Aged About 26 Years, Belt No. 701,
Ghardana Kalan, Tehsil Buhana, Dist. Jhunjhunu (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Department Of Home, Through
Its Secretary, Govt. 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, 5Th Battalion Rajasthan Armed
Constabulary (Rac), Jaipur (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:34405] (2 of 2) [CW-14712/2025]
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
44-/Devesh/-
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