Rajasthan High Court - Jodhpur
Brijesh Saini vs The State Of Rajasthan ... on 9 November, 2023
[2023:RJ-JD:38910]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17824/2023
1. Brijesh Saini S/o Rajaram Saini, Aged About 32 Years, R/
o Vpo Suroth Tehsil Hindaun City Dist Karauli (Belt No.
1350)
2. Girendra Singh Chhonker S/o Shri Girraj Singh, Aged
About 33 Years, R/o Vpo Bharatpur Dist Bharatpur (Belt
No. 1336).
3. Vikram Singh S/o Hari Singh, Aged About 32 Years, R/o
Village And Post Thoon Tehsil Nagar Dist Bharatpur (Belt
No. 1337)
4. S K Kanwar S/o Jitendra Singh, Aged About 31 Years, R/o
Village And Post Rendayal Gurjar Tehsil Wazirpur Dist
Sawai Madhopur Present Dist Gangapur City (Belt No.
1338)
5. Satayandra Singh Beniwal S/o Lakhan Singh Beniwal,
Aged About 31 Years, R/o Village Kachrauli Tehsil Hindaun
City Dist Karauli (Belt No 1339)
6. Gaurav Chaudhary S/o Hargopal, Aged About 28 Years, R/
o Village Fatehpur Post Bhont Dist Bharatpur (Belt No.
1341)
7. Ravi Kumar S/o Birendra Singh, Aged About 28 Years, R/o
Village Unchekapura Post Peepalpur Tehsil And Dist.
Karauli (Belt No. 1342)
8. Tejveer Dagur S/o Harkhyal, Aged About 32 Years, R/o
Vpo Sherpur Tehsil Hindaun City Dist Karauli (Belt No.
1344)
9. Kapil Dev Mawai S/o Jeetendra Mawai, Aged About 29
Years, R/o Village Tiwara Post Ghosala Tehsil Hindaun City
Dist Kaauli (Belt No. 1345)
10. Sumit Singh S/o Shivsingh Jat, Aged About 28 Years, R/o
Vpo Ajan Tehsil Kumher Dist Bharatpur (Belt No. 1348)
11. Dharmendra Singh Gurjar S/o Malkhan Singh Gurjar,
Aged About 31 Years, R/o Village Karanpur Post Patoli
Tehsil Mehwa Dist Dausa (Belt No. 1349)
12. Balveer Singh S/o Ramdhan Jatav, Aged About 30 Years,
R/o Village Aakhawada Tehsil Todabhim Dist Karauli (Belt
No. 1352).
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13. Pinki Kumari Dagur D/o Kalyan Singh, Aged About 29
Years, R/o Village Rara Shahpur Post Shepur Tehsil
Hindaun City Dist Karauli (Belt No. 1353)
14. Kailash Bairwa S/o Hetram Bairwa, Aged About 35 Years,
R/o Village Bholupura Post Makanpur Tehsil And Dist.
Karauli (Belt No. 1354)
15. Narendra Kumar Jatav S/o Ummedi Lal Jatav, Aged About
32 Years, R/o Vpo Kachroli Tehsil Hindaun City Dist
Karauli (Belt No. 1355)
16. Shyambihari S/o Sukhapal Jatav, Aged About 36 Years, R/
o Village Sonkhari Tehsil Kherli Dist Alwar (Belt No. 1357)
17. Pavan Kumar S/o Chirnji Lal, Aged About 34 Years, R/o
Village Kotwas Post Jagar Tehsil Hindaun City Dist Karauli
(Belt No 1358)
18. Hanesh Lal Bairwa S/o Ramjilal Bairwa, Aged About 35
Years, R/o Vpo Amargarh Tehsil Sapotra Dist Karauli (Belt
No. 1359)
19. Pankhilal Bairwa S/o Ramcharan, Aged About 34 Years, R/
o Village Buchipura Post Kishorpura Tehsil Sapotra Dist
Karauli (Belt No. 1360)
20. Vikram Bairwa S/o Prem Bairwa, Aged About 32 Years, R/
o Vpo Toksi Tehsil Ganganagar City Dist Swai Modhopur
(Belt No 1361)
21. Dinesh Bairwa S/o Moshriya Bairwa, Aged About 35 Years,
R/o Vpo Aket Tehsil Sapotra Dist Karauli (Belt No. 1362)
22. Jagdish Prasad S/o Soran Singh, Aged About 31 Years, R/
o Village Basant Vihar Colony Ricco Road Bharatpur Tehsil
And Dist Bharatpur (Belt No. 1363)
23. Mahaveer Bariwa S/o Bhawani Shankar Bairwa, Aged
About 30 Years, R/o Vpo Naypur Tehsil Khandar Dist
Sawai Madhopur (Belt No 1364)
24. Rakesh Kumar Jatav S/o Harikishan, Aged About 33
Years, R/o Village Nadi Ka Pura Post Hukmikhera Tehsil
Hindaun City Dist Karauli (Belt No. 1365)
25. Rajendra Singh Koli S/o Nanak Ram, Aged About 29
Years, R/o Vpo Manpur Tehsil Saipu Dist Dholpur (Belt No.
1367)
26. Lalit Kishor Jonwal S/o Hari Vilas Jonwal, Aged About 34
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Years, R/o Village Laxmi Vilas Murlipura Tehsil And Dist
Karauli (Belt No. 1368)
27. Prem Mohan Nirmal S/o Chandra Mohan Nirmal, Aged
About 30 Years, R/o Vpo Basai Nabab Tehsil Saipau Dist
Dholpur (Belt No 1369)
28. Rakesh Kumar Jatav S/o Peetam Chand Jatav, Aged About
30 Years, R/o Villlage Bhauapura Post Ratiyapura Tehsil
Masalpur Dist Karauli (Belt No. 1371)
29. Anjali Kumari Jadaun D/o Govind Pal Jadaun, Aged About
29 Years, R/o Village Medpura Post Bukna Tehsil Sapotra
Dist Karauli (Belt No. 1372)
30. Uday Singh Jatav S/o Rameshwar Prasad Jatav, Aged
About 29 Years, R/o V-Khedliyan Ka Pura Post And Tehsil
Hindaun City Dist Karauli (Belt No 1373)
31. Dinesh Kumar S/o Raman Lal, Aged About 31 Years, R/o
Village Sikrora Post Sikrori Tehsil Kumher Dist Bharatpur
(Belt No. 1374)
32. Jaiprakash Jatav S/o Puran Jatav, Aged About 37 Years,
Vpo Hukmikhera Tehsil Hindaun City Dist Karauli (Belt No.
1375)
33. Yashoda Vema W/o Dinesh Chand Prajapat, Aged About
33 Years, R/o Village And Tehsil Hindaun City Dist Karauli
(Belt No. 1377)
34. Reena Chatuvedi D/o Durga Lal Chaturvedi, Aged About
34 Years, R/o Vpo Saypur Tehsil And Dist Karauli (Belt No.
1378).
35. Maneesha Kumari Chaturvedi D/o Jeetmal Chaturvedi,
Aged About 33 Years, R/o Vpo Saipur Tehsil And Dist
Karauli (Belt No. 1379)
36. Jyoti Sharma D/o Vishambhar Sharma, Aged About 28
Years, R/o Vpo Jadla Tehsil Kathumar Dist Alwar (Belt No.
1380)
37. Jasraj Gurjar S/o Bijender Singh, Aged About 33 Years, R/
o Village Nayagaon Post Devlen Tehsil Hindaun City Dist
Karauli (Belt No. 1282)
38. Sunil Kumar S/o Harchandi, Aged About 33 Years, R/o
House No 69 Deeg Gate Kaccha Talab Kumher Post And
Tehsil Kumher Dist Bharatpur (Belt No. 1356)
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----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, Bharatpur Reng Bharatpur
4. The Superintendent Of Police, Karauli.
----Respondents
For Petitioner(s) : Mr. Achala Ram
For Respondent(s) : Mr. Manish Vyas, AAG
HON'BLE MR. JUSTICE AVNEESH JHINGAN
Order 09/11/2023
1. Learned counsel for the petitioners submits that in a similar matter i.e. S.B.C.W.P. No.13686/2023; Sarwan Lal Raiger & Ors. Vs. The State of Rajasthan & Ors., the petition was disposed of by passing a following order:
"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 (Downloaded on 11/11/2023 at 09:04:33 PM) [2023:RJ-JD:38910] (5 of 5) [CW-17824/2023] 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."
2. Notice of motion. On asking of the Court, learned counsel for the respondent Mr. Manish Vyas, learned AAG accepts notice and has been supplied copy of the petition. He is not disputing the contention made by learned counsel for the petitioner.
3. The petition is disposed of in terms of the order passed in Sarwan Lal Raiger (supra).
4. All pending applications stand disposed of.
(AVNEESH JHINGAN),J 17-miteshC/-
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