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Rajasthan High Court - Jodhpur

Mahi Pal (Belt No. 1399) vs State Of Rajasthan (2023:Rj-Jd:24189) on 28 July, 2023

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2023:RJ-JD:24189]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 10470/2023

1.       Mahi Pal (Belt No. 1399) S/o Shri Babu Ram, Aged About
         28 Years, Village Ramrawas Kallan Post Pipar Road Tehsil
         Pipar City Distt. Jodhpur (Raj.).
2.       Shaitan Manju (Belt No. 1359) S/o Shri Laluram, Aged
         About 34 Years, Village And Post Mandla Kallan, Tehsil
         Dechu, District Jodhpur (Raj.).
3.       Durgashankar Dhakar (Belt No. 1423) S/o Shri Badri Lal
         Dhakar, Aged About 34 Years, Village And Post Kamkhera,
         District Jhalawar (Raj.).
4.       Dinesh (Belt No. 1434/62) S/o Shri Dhanna Ram, Aged
         About 30 Years, Village Vishnu Ki Dhani Post Chandelao,
         Tehsil Bilara, District Jodhpur (Raj.) Presently Working In
         Distt. Pali.
5.       Shiv Lal Gurjar (Belt No. 820) S/o Shri Puri Lal Gurjar,
         Aged About 32 Years, Village Soyli Post Soyla, Tehsil
         Raipur, District Jhalawar (Raj.).
6.       Bhanwar Singh Jhala (Belt No. 543) S/o Shri Hindu Singh
         Jhala, Aged About 29 Years, Village Govindpura Post
         Rechhwa, Tehsil Bakani, District Jhalawar (Raj.).
7.       Bhupendra Singh Chouhan (Belt No. 1358) S/o Shri Shiv
         Raj Singh Chouhan, Aged About 29 Years, Brig Nagar
         Kishan Bhawan Ke Samne Khanpur Road, Jhalawar,
         District Jhalawar (Raj.).
8.       Pankaj Kumar Choudhary (Belt No. 1420) S/o Shri Phool
         Chand Choudhary, Aged About 28 Years, Village And Post
         Malakali, Tehsil Ringus, District Sikar (Raj.).
9.       Jeetendra Singh (Belt No. 1038/797) S/o Shri Kundan
         Singh, Aged About 29 Years, Village And Postsunadiya,
         Tehsil Dudu, District Jaipur (Raj.) Presently Working In
         Distt. Tonk.
10.      Pawan Kumar Choudhary (Belt No.1242) S/o Shri Phool
         Singh Choudhary, Aged About 29 Years, Village And Post
         Malakali, Tehsil Ringus District Sikar(Raj.)
11.      Ramakant Sharma (Belt No. 1024) S/o Shri Pooran Singh,
         Aged About 31 Years, Village And Post Karimpur , Tehsil
         Saipau , District Dholpur (Raj.)
12.      Pintu Singh (Belt No. 574) S/o Shri Jagnnath Singh, Aged

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         About 30 Years, Village Nipaniya Dalla Post Dev Nagar,
         Tehsil Bakani, District Jhalawar (Raj.)
13.      Abhishek Charan (Belt No. 1117/135) S/o Shri Chatar
         Singh, Aged About 29 Years, Village And Post Raliyawata,
         Tehsil Degana, District Nagaur (Raj.)
14.      Lokpal Sen (Belt No. 1371) S/o Shri Satyanarayan, Aged
         About 32 Years, Village And Post Taswariya Bansa , Tehsil
         Fuliya Kalan, District Bhilwara (Raj.)
15.      Gaje Singh Chouhan (Belt No. 1419/1446) S/o Shri
         Ranjeet Singh, Aged About 29 Years, Village And Post
         Arwar,      Tehsil   Jayal     District      Nagaur        (Raj.)   Presently
         Working In Distt. Ajmer.
16.      Jasu Ram (Belt No. 1387/1524) S/o Shri Jay Ram, Aged
         About 32 Years, Village And Post Jhareli Tehsil Jayal
         District Nagaur (Raj.) Presently Working In Distt. Ajmer.
17.      Kailash Chand Mali (Belt No. 1381/2078) S/o Shri Heera
         Lal Mali, Aged About 29 Years, Village And Post Nalu
         Tehsil Kishangarh Distt. Ajmer (Raj.) Presently Working In
         Distt. Jaipur Rural.
18.      Dharmendra (Belt No. 770/2231) S/o Shri Ram Pal, Aged
         About 29 Years, Village And Post Khajwana Tehsil Mundwa
         District Nagaur (Raj.) Presently Working In Distt. Ajmer.
19.      Ram Prasad Lomaror (Belt No. 619/1443) S/o Shri Gena
         Ram Lomaror, Aged About 31 Years, Village Gujariyawas
         Post Jayal Tehsil Jayal Distt. Nagaur (Raj.) Presently
         Working In Distt. Ajmer.
20.      Kailash Kantiya (Belt No. 1072/2502) S/o Shri Mangi Lal,
         Aged About 30 Years, Village Sirsila Post Dhandholi Tehsil
         Makarana Distt. Nagaur (Raj.) Presently Working In Distt.
         Ajmer.
21.      Tejendra Singh (Belt No. 1379) S/o Shri Kan Singh
         Rathore, Aged About 29 Years, Village Bhanwara Post
         Tikawara Tehsil Kishangarh Distt. Ajmer (Raj.)
22.      Narsi Gurjar (Belt No. 1393) S/o Shri Bhanwar Lal Gurjar,
         Aged About 28 Years, Village Kalyanikheda Post Karwar
         Tehsil Nainwa Distt. Bundi (Raj.)
23.      Hemraj (Belt No. 1402) S/o Shri Bhanwar Lal, Aged About
         32 Years, Village And Post Ajabpura Via Palsana Tehsil
         Dantaramgarh Distt. Sikar (Raj.)

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24.      Mahesh      Kumar     Garhwal           (Belt   No.      1380)   S/o    Shri
         Ramchandra Garhwal, Aged About 30 Years, Village Dhani
         Lunawali     Post      Jairampura           Via      Kalyanpura        Tehsil
         Srimadhopur Distt. Sikar (Raj.)
25.      Pramod Kumar Sankhala (Belt No. 1415) S/o Shri
         Bhawani Lal Sankhala, Aged About 32 Years, Village And
         Post Ghatod Pachpad Distt.jhalawar (Raj.)
26.      Suresh Kumar (Belt No. 1432) S/o Shri Hanuman Ram,
         Aged About 28 Years, Village And Post Chawandiya Tehsil
         Khivsar Distt. Nagaur (Raj.)
27.      Rajeev (Belt No. 117) S/o Shri Jagram, Aged About 38
         Years, Village Gowali Post Khudaniya Tehsil And Distt.
         Jhunjhunu (Raj.)
28.      Sheshpal Jat (Belt No. 1378/2056) S/o Shri Rameshwar
         Jat, Aged About 29 Years, Village Kakniyawas Post Nalu
         Tehsil Kishangarh Distt. Ajmer (Raj.) Presently Working In
         Distt. Jaipur Rural.
29.      Unkar Ram (Belt No. 809/1049) S/o Shri Likhma Ram,
         Aged About 34 Years, Village And Post Badu Tehsil
         Parbatsar Distt. Nagaur (Raj.) Presently Working In Distt.
         Ajmer.
30.      Bramdev Jayaswal (Belt No. 1367) S/o Shri Kailash
         Chand, Aged About 30 Years, Village Bhedholi Post
         Jhanun Tehsil Bonli Distt. Sawai Madhopur (Raj.)
31.      Ajay Singh (Belt No. 716) S/o Shri Gajendra Singh, Aged
         About 30 Years, Village Alipur Thana Lakhanpur Tehsil
         Nadbai Distt. Bharatpur (Raj.)
32.      Shimbhu Dayal Saini (Belt No. 1002) S/o Shri Lalchand
         Saini, Aged About 29 Years, Village And Post Sirohi Tehsil
         Neemkathana Distt. Sikar (Raj.)
33.      Satyendra Singh (Belt No. 768) S/o Shri Indraj Singh,
         Aged About 30 Years, Village Dhani Bhoja Jat Tan
         Dhanwali Post Raikranpura Tehsil Kotputli Distt. Jaipur
         (Raj.)
34.      Arun Singh Dhakar (Belt No. 957) S/o Shri Prahlad Kumar
         Dhakar, Aged About 29 Years, Village Tara Music Centre
         Runjeet Pura Damp Road Hindaun City Post Hindaun City
         Tehsil Hindaun City , Distt. Karauli (Raj.)
35.      Siyaram Choudhary (Belt No. 1031) S/o Shri Gopal Lal

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         Jat, Aged About 34 Years, Village And Post Kadila Tehsil
         Malpura Distt. Tonk (Raj.)
36.      Mukesh Kumar Jangid (Belt No. 1383) S/o Shri Jagdish
         Prasad Jangid, Aged About 36 Years, Village And Post
         Nandsi Tehsil Bhinai Distt. Ajmer (Raj.)
37.      Ravi Kant Verma (Belt No. 1418) S/o Shri Mali Ram
         Verma, Aged About 29 Years, Village And Post Gathi
         Sargoth Tehsil Ringus Distt. Sikar (Raj.)
38.      Rugnatha Ram (Belt No. 1438) S/o Shri Jaykishan, Aged
         About 33 Years, Village 459 Dallu Ki Basti Sarnau Post
         Sarnau Tehsil Sanchore Distt. Jalore (Raj.)
39.      Jitendra Singh (Belt No. 1395) S/o Shri Shivraj Singh,
         Aged About 31 Years, Brig Nagar Kisaan Bhawan Ke
         Samne Khanpur Road Jhalawar , Distt. Jhalawar (Raj.)
40.      Jaiprakash Tetarwal (Belt No. 642) S/o Shri Chandaram,
         Aged About 28 Years, Village Dujasar Post Madpura Tehsil
         Khinwsar Distt. Nagaur (Raj.)
41.      Devendra Kumar Saini (Belt No. 1386) S/o Shri Richhpal
         Saini, Aged About 32 Years, Village And Post Kuri Ki Dhani
         Paniharwas Tehsil Khandela Distt. Sikar (Raj.)
42.      Krishan Kumar (Belt No. 951/951) S/o Shri Rohitash,
         Aged About 33 Years, Village Gunsar Post Palpur Tehsil
         Kotkasim Distt. Alwar (Raj.)
43.      Manoj Sharma (Belt No. 1430/677) S/o Shri Ramveer
         Sharma, Aged About 29 Years, Village And Post Moondia
         Tehsil Nagar Distt. Bharatpur (Raj.) Presently Working In
         Distt. Alwar.
44.      Mangi Lal (Belt No. 1361) S/o Shri Mohanlal, Aged About
         29 Years, Village And Post Malsar Tehsil Bhanipura Distt.
         Churu (Raj.)
45.      Sonu Singh (Belt No. 1431) S/o Shri Shivcharan Singh,
         Aged About 27 Years, Village Saharai Post Shyorawali
         Tehsil Deeg Distt. Bharatpur (Raj.)
46.      Naresh Kumar Yadav (Belt No. 685) S/o Shri Babulal
         Yadav, Aged About 30 Years, Village And Post Khohari
         Tehsil Bansur Distt. Alwar (Raj.)
47.      Satyaveer Singh (Belt No. 946) S/o Shri Kishan Singh,
         Aged About 32 Years, Village Madarpur Post Barakhur
         Tehsil And Distt. Bharatpur (Raj.)

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48.      Ishpal Bishnoi (Belt No. 1079/451) S/o Shri Harlal
         Bishnoi, Aged About 35 Years, Village Mithariya Post Bajju
         Tehsil Kolayat Distt. Bikaner (Raj.) Presently Working In
         Distt. Sri Ganganagar.
                                                                         ----Petitioners
                                         Versus
1.       State       Of   Rajasthan,          Through        Its      Home   Secretary,
         Secretariat, Jaipur (Raj.)
2.       Director General Of Police, Rajasthan, Jaipur
3.       Inspector        General        Of     Police      (Kota      Range),    Kota,
         (Rajasthan.)
4.       Superintendent Of Police, Jhalawar (Raj.)
5.       Superintendent Of Police, Ajmer (Raj.).
6.       Superintendent Of Police, Tonk (Raj.).
7.       Superintendent Of Police, Pali (Raj.).
8.       Superintendent Of Police, Jaipur Rural (Raj.).
9.       Superintendent Of Police, Alwar (Raj.).
10.      Superintendent Of Police, Shri Ganganagar (Raj.).
                                                                       ----Respondents


For Petitioner(s)               :    Mr. Vinod Jhajharia through VC.




         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order 28/07/2023

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: (Downloaded on 12/11/2023 at 03:36:15 AM)

[2023:RJ-JD:24189] (6 of 6) [CW-10470/2023] "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 187-AnilSingh/-

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