Citation : 2025 Latest Caselaw 14928 Raj
Judgement Date : 6 November, 2025
[2025:RJ-JD:47963]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17748/2025
1. Ramniwas S/o Rajendra Singh, Aged About 29 Years,
Constable Belt No 795, R/o Rajpuriya, Sidhmukh, District
Churu. (Raj.)
2. Sanwar Mal Devanda S/o Rugha Ram Devanda, Aged
About 31 Years, Constable Belt No 928, R/o Ward No. 06,
Sundariya, Tehsil Dataramgarh, District Sikar. (Raj.)
----Petitioners
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, 2Nd Battalion Rajasthan Armed
Constabulary (Rac), Kota (Raj.).
----Respondents
For Petitioner(s) : Mr. OP Sangwa
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/11/2025
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 vs. 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
thisCourt, inter alia, directed as under:
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[2025:RJ-JD:47963] (2 of 3) [CW-17748/2025]
"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).
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[2025:RJ-JD:47963] (3 of 3) [CW-17748/2025]
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.
6. Stay petition also stands disposed of.
(FARJAND ALI),J 368-divya/-
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