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Rajasthan High Court - Jodhpur

Sita Ram Batan vs The State Of Rajasthan ... on 1 June, 2023

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2023:RJ-JD:18787]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 8000/2023

1.       Sita Ram Batan S/o Rampal Batan, Aged About 37 Years,
         R/o Surpaliya, Teh. Jayal, Dist. Nagaur (Raj.), Constable
         1547, Dist. Nagaur.
2.       Vikram Singh S/o Himmat Singh, Aged About 33 Years, R/
         o Bhawanda, Teh. Khinwsar. Dist. Nagaur (Raj). Constable
         1546, Dist. Nagaur.
3.       Indarjeet Karwasara S/o Chokha Ram Karwasara, Aged
         About 33 Years, R/o Chenasar, Post - Satheran, Teh./dist.-
         Nagaur (Raj). Constable 1542, Dist. Nagaur.
4.       Ganga Ram S/o Surja Ram, Aged About 37 Years, R/o -
         Dhudhwalo Ki Dhani, Post - Alai, Teh./dist.- Nagaur (Raj).
         Constable 852, Dist. Nagaur.
5.       Rajkumar Yadav S/o Gopal Ram Yadav, Aged About 32
         Years, R/o - Sudrasan, Teh - Didwana, Dist. Nagaur,
         Constable 1548, Dist. Nagaur.
6.       Hemlata W/o Oma Ram, Aged About 35 Years, R/o -
         Sardapuram, Teh/dist. Nagaur, Constable 1549, Dist.
         Nagaur.
7.       Rajkumar Meena S/o Babulal Meena, Aged About 31
         Years, R/o - Shayampura, Teh - Thanagazi, Dist. Alwar,
         Constable 1551, Dist. Nagaur.
8.       Parmeshwari W/o Vijay Kumar Meel, Aged About 42
         Years, R/o - Nawalgarh, Teh /dist. Sikar, Constable 1554,
         Dist. Nagaur.
9.       Anita Choudhary D/o Bhagwan Ram, Aged About 32
         Years, R/o - Diyawadi, Teh /dist. Nagaur, Constable 1555,
         Dist. Nagaur.
10.      Itradha D/o Shetan Ram, Aged About 34 Years, R/o -
         Inana, Teh /dist. Nagaur, Constable 1557, Dist. Nagaur.
11.      Anita Choudhary W/o Omprakash Karwasara, Aged About
         31 Years, R/o - Girdharipura, Teh - Ladnu, Dist. Nagaur,
         Constable 1562, Dist. Nagaur.
12.      Chanda Ram S/o Banshi Lal, Aged About 33 Years, R/o -
         Kantiya, Teh- Khinwsar, Dist. Nagaur, Constable 1564,
         Dist. Nagaur.
13.      Prakashchand S/o Tulsi Ram, Aged About 35 Years, R/o -


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         Ghirdoda Khara, Teh Ladnu, Dist. Nagaur, Constable
         1565, Dist. Nagaur.
14.      Santosh Rani W/o Bhura Ram, Aged About 43 Years, R/o -
         Kathoti, Teh Jayal, Dist. Nagaur, Constable 1567, Dist.
         Nagaur.
15.      Sita Ram S/o Dala Ram, Aged About 35 Years, R/o -
         Kunpalsar,     Teh     -    Shri     Dungargarh,         Dist.    Bikaner,
         Constable 1563, Dist. Nagaur.
16.      Sumitra W/o Vikash Inaniya, Aged About 31 Years, R/o -
         Veer Teja Colony, Manasar, Teh /dist. Nagaur, Constable
         1569, Dist. Nagaur.
17.      Seema W/o Sultan Ram, Aged About 43 Years, R/o -
         Karni Colany Nagaur, Teh /dist. Nagaur, Constable 1571,
         Dist. Nagaur.
18.      Sharda D/o Khema Ram, Aged About 34 Years, R/o -
         Arsinga, Teh - Jayal, Dist. Nagaur, Constable 1560, Dist.
         Nagaur.
19.      Subita Kumari W/o Ram Chandra Ruhela, Aged About 32
         Years, R/o - Dhod, Teh /dist. Sikar, Constable 1570, Dist.
         Nagaur.
20.      Sahiram Bhakar S/o Jhumar Ram, Aged About 32 Years,
         R/o - Ratanga, Teh - Jayal, Dist. Nagaur, Constable 1544,
         Dist. Nagaur.
21.      Santara W/o Bharat Lal Meena, Aged About 36 Years, R/o
         Bhadgyawas, Post Sikandra, The. Sikray, Dist. Dausa
         (Raj.) Constable 1550, Dist. Nagaur.
22.      Saroj Devi W/o Sh. Jagdish Prasad, Aged About 31 Years,
         R/o Village/post Kalkalla Ki Dhani, Teh. Parbatsar, Dist.
         Nagaur Constable 1559, Dist. Nagaur.
23.      Rukma Jat W/o Sh. Lekh Ram, Aged About 31 Years, R/o
         Vpo Berasar, The. Nokha, Dist. Bikaner, Constable 1561,
         Dist. Nagaur
                                                                   ----Petitioners
                                     Versus
1.       The State Of Rajasthan, Through Its Home Secretary,
         Secretariat, Rajasthan, Jaipur
2.       The Director General Of Police, Police Headquarter, Jaipur.
3.       Inspector    General       Of      Police,     Ajmer     Range,    Ajmer,

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         Rajasthan.
4.       The Superintendent Of Police, Nagaur, Distt. Nagaur.
                                                                  ----Respondents


For Petitioner(s)           :    Mr. Raghuvendra Mundel
For Respondent(s)           :



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order 01/06/2023

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."
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3. In view of the submissions made, the writ petition filed by the petitioners is disposed of with similar directions to the respondents Nos.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 341-Shahenshah/-

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