Rajasthan High Court - Jodhpur
Surendra Kumar Poonia vs State Of Rajasthan (2025:Rj-Jd:29535) on 8 July, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:29535]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12375/2025
1. Surendra Kumar Poonia S/o Surjaram Poonia, Aged About
35 Years, Karan Laxmipura Tehsil Dataramgarh District
Sikar (Rajasthan) At Present Working On The Post Of
Constable At Police Station Ramganj Mandi District Kota
(Rural) Belt No. 1136
2. Kailash Jat S/o Shyoram Jat, Aged About 36 Years, Village
Laxmipura, Post Rajpura Naushal Police Station
Dataramgarh District Sikar (Rajasthan) At Present
Working On The Post Of Constable At Place Morankala
Chauki Police Station Kanvas District Kota (Rural) Belt No.
1137
3. Ganesh Goswami S/o Omprakash Goswami, Aged About
37 Years, Village And Post Chardana Tehsil Keshoraipatan
District Boondi (Rajasthan) At Present Working On The
Post Of Constable At Place Police Line Kota Rural District
Kota (Rural) Belt No. 1202
4. Mahaveer Prasad Nama S/o Murlidhar Nama, Aged About
40 Years, Village Kumharo Ki Tek Siswali District Baran
(Rajasthan) At Present Working On The Post Of Constable
At Place Police Station Digod District Kota (Rural) Belt No.
1024
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
(Home) Department Of Home, Govt. Secretariat, Jaipur
(Rajasthan)
2. Director General Of Police, Rajasthan, Police Head
Quarter, Jaipur (Rajasthan)
3. Inspector General Of Police, Police Headquarter,
Rajasthan, Jaipur.
4. Superintendent Of Police, Kota (Rural) District Kota
(Rajasthan)
----Respondents
For Petitioner(s) : Mr. Devendra Singh Chouhan
Mr. TC Vyas
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
08/07/2025
[2025:RJ-JD:29535] (2 of 2) [CW-12375/2025]
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:-
"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. 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
210-nitin/-
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