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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