Rajasthan High Court - Jodhpur
Nakul Patidar vs State Of Rajasthan on 17 July, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10154/2019
1. Nakul Patidar S/o Shri Rajendra Patidar, Aged About 26
Years, R/o V.p. Karji, Tehsil Bagidora, Banswara,
Rajasthan.
2. Bhupendra Singh Chouhan S/o Shri Chattar Singh
Chouhan, Aged About 25 Years, R/o Village Vanwasa, Post
Bhekhared, Tehsil- Sabla, District- Dungarpur, Rajasthan.
3. V. P. Singh Shaktawat S/o Shri Hari Singh Shaktawat,
Aged About 25 Years, R/o V.p. Kherwa, Tehsil- Ghatol,
District- Banswara, Rajasthan.
4. Hemandra Singh Jhala S/o Shri Kalyan Singh, Aged About
27 Years, R/o V.p. Gopinath Ka Gada, Tehsil- Gadi,
District- Banswara, Rajasthan.
5. Sukhram Maida S/o Shri Vagji, Aged About 26 Years, R/o
V.p. Kundal, Tehsil- Chhoti Sarwan, District- Banswara,
Rajasthan.
6. Sailash Kumar Patidar S/o Harish Patidar, Aged About 25
Years, R/o Village Gamdi, Post Aakja, Tehsil- Gadi,
District- Banswara, Rajasthan.
7. Chetan Lal Kharadi S/o Amrat Lal, Aged About 31 Years,
R/o Village Charana Bhundwai, Post Narwali, Tehsil
Ghatol, District- Banswara, Rajasthan.
8. Virendra Patidar S/o Nathulal Patidar, Aged About 27
Years, R/o Village Post Kurji, Tehsil- Bagidora, District-
Banswara, Rajasthan.
9. Krishna Baldev Singh Chundawat S/o Rajendra Singh
Chundawat, Aged About 26 Years, R/o Village Post
Panchwada, Tehsil- Gadi, District- Banswara, Rajasthan.
10. Lokendra Singh Chauhan S/o Shri Karan Singh Chouhan,
Aged About 25 Years, Rajput Mohlla, Village Samagada,
Post Talwada, Tehsil Banswara, District Banswara,
Rajasthan.
11. Vijayraj Singh Chouhan S/o Bhopal Singh Chouhan, Aged
About 26 Years, R/o Village Post Umbada, Tehsil - Gadhi,
District- Banswara, Rajasthan.
12. Devi Singh Shaktawat S/o Shri Gajaindra Singh
Shaktawat, Aged About 25 Years, R/o V.p. Kherwa, Tehsil-
Ghatol, District- Banswara, Rajasthan.
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13. Rajesh Patidar S/o Shri Dhanji Patidar, Aged About 27
Years, R/o V.p. Bagidora, Tehsil- Bagidora, District-
Banswara, Rajasthan.
14. Himanshu Singh Solanki S/o Shri Chhatra Singh Rathore,
Aged About 28 Years, R/o Rajput Mohalla, Ghadi, Tehsil-
Ghadi, District Banswara, Rajasthan.
15. Pritam Pal Singh Rathore S/o Shri Chhatra Singh Rathore,
Aged About 26 Years, R/o Village Baikagada, Post
Metwala, Tehsil- Ghadi, District- Banswara, Rajasthan.
16. Hansraj Singh Ahada S/o Shri Bhavan Singh Ahada, Aged
About 26 Years, R/o V.p. Mathugamda, Rajput Basti,
Tehsil- Dungarpur, District- Dungarpur, Rajasthan.
17. Mehtab Singh Rao S/o Jaswant Singh Rao, Aged About 26
Years, R/o Village Bhatwada, Post- Badoda, Tehsil- Aspur,
District- Dungarpur.
18. Satyanarayan Singh S/o Shri Chandraveer Singh, Aged
About 27 Years, R/ Village Gada Eklingji, Post Kheda,
Tehsil- Aaspur, District- Dungarpur, Rajasthan.
19. Rajat Kumar Punjot S/o Shri Ashok Kumar Punjot, Aged
About 26 Years, R/o V.p. Barbodaniya, Tehsil- Sagwada,
District- Dungarpur, Rajasthan.
20. Nipaish Kalasua S/o Shri Khemraj Kalasua, Aged About 27
Years, R/o Village Batikda, Post Punali, Panchayat-
Ragela, Tehsil- Dungarpur, District Dungarpur, Rajasthan.
21. Rajendra Kumar Gatiya S/o Shri Basulalgatiya, Aged
About 32 Years, R/o V.p. Taleya, Tehsil Bichhiwada,
District- Dungarpur, Rajasthan.
22. Manmohan Singh Rathoud S/o Shri Kalyan Singh
Rathoud, Aged About 27 Years, R/o Village Godapala, Post
Buchiyabada, Tehsil- Sagwada, District- Dungarpur,
Rajasthan.
23. Gajendra Singh Rathore S/o Shri Nathu Singh Rathore,
Aged About 26 Years, R/o Village- Fatehgadh, Post
Pachlasa Chhota, Tehsil- Sabla, District- Dungarpur,
Rajasthan.
24. Ramesh Chandra Asari S/o Shri Vaja, Aged About 31
Years, R/o Village Padaliya, Post Bawalwada, Tehsil-
Kherwada, District- Udaipur, Rajasthan.
25. Krishna Lal Bheel S/o Shri Lala Ji Bheel, Aged About 29
Years, R/o V.p. Kanbai, Tehsil- Kherwada, District Udaipur,
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Rajasthan.
26. Mahendra Singh Chouhan S/o Shri Bhopal Singh
Chouhan, Aged About 25 Years, R/o V.p. Bhabarana,
Tehsil- Salumbar, District Udaipur, Rajasthan.
27. Gajendra Singh Chouhan S/o Fateh Singh, Aged About 27
Years, R/o V.p. Samawatwada, Bhabarana, Tehsil-
Salumbar, District - Udaipur, Rajasthan.
28. Naresh Kumar Meghwal S/o Mohan Lal Meghwal, Aged
About 31 Years, R/o V.p. Adhwas, Tehsil- Sarada, District-
Udaipur, Rajasthan.
29. Anil Kumar Meena S/o Shri Prem Chand Meena, Aged
About 29 Years, R/o V.p. Kaghdar Bhatiya, Tehsil-
Rishabhdev, District- Udaipur, Rajasthan.
30. Madhu Singh Rajput S/o Shri Onar Singh Rajput, Aged
About 27 Years, R/o Village Mahadev Kheda, Post Bassi
Samchouth, Tehsil- Salumber, District- Udaipur,
Rajasthan.
31. Prabhu Lal Dungari S/o Shri Deeta Dungari, Aged About
25 Years, R/o Village Jhanjarki Pal, Post Uprera, Tehsil-
Jhadol, District- Udaipur, Rajasthan.
32. Narayan Lal Meena S/o Shri Roopa Ji Meena, Aged About
28 Years, R/o Village Dhavditalai, Post Zawar, Tehsil
Girwa, District Udaipur, Rajasthan.
33. Kanhaiya Lal Meena S/o Shri Laxman Meena, Aged About
31 Years, R/o Village Nathara Kauja, Post Nathara, Tehsil
Sarada, District Udaipur, Rajasthan.
34. Arvind Singh Shaktawat S/o Shri Natwar Singh
Shaktawat, Aged About 24 Years, R/o Village Bheempur,
Post Shyampura, Tehsil Semari, District Udaipur,
Rajasthan.
35. Praveen Singh Garasiya S/o Shri Dalpat Singh Garasiya,
Aged About 32 Years, R/o Village Ranawada, Post Thana,
Tehsil Kherwada, District Udaipur, Rajasthan.
36. Nepal Singh Rathore S/o Dalpat Singh Rathore, Aged
About 27 Years, R/o Village Post Noli, Tehsil Salumber,
District Udaipur, Rajasthan.
37. Narpat Singh Chauhan S/o Shri Takhat Singh Chouhan,
Aged About 27 Years, R/o Village Chatardi, Post Baka
Kherwada, Tehsil Jhadol, District Udaipur, Rajasthan.
38. Rakesh Kumar Meena S/o Keshav Lal Meena, Aged About
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29 Years, R/o Village Bara, Fala Bhamat, Post Parsad,
Tehsil Girwa, District Udaipur, Rajasthan.
39. Pintu Kumar Vadera S/o Shri Mangi Lal Ji Vadera, Aged
About 29 Years, R/o Village Loonawato Ka Kheda, Post
Dhimdi, Tehsil Jhadol, District Udaipur, Rajasthan.
40. Roshal Lal Katara S/o Shri Veer Ji Katara, Aged About 29
Years, R/o Village Pai, Tehsil Girwa, District Udaipur,
Rajasthan.
41. Ramesh Chandra Meena S/o Shri Nawalji, Aged About 31
Years, R/o Village Sadakdi, Tehsil Semari, District Udaipur,
Rajasthan.
42. Naresh Mehta S/o Gopal Mehta, Aged About 28 Years, R/o
V.p. Adkaliya, Tehsil Salumbar, District Udaipur,
Rajasthan.
43. Harshvardhan Singh Shaktawat S/o Shri Padam Singh
Shaktawat, Aged About 25 Years, R/o Village Bheempur,
Post Shayampura, Tehsil Semari, District Udaipur,
Rajasthan.
44. Nathu Lal Meena S/o Dhanna Lal Meena, Aged About 32
Years, R/o Village Dewala, Post Palodda, Tehsil Sarada,
District Udaipur, Rajasthan.
45. Hitesh Singh Chundawat S/o Shri Mahipal Singh
Chundawat, Aged About 28 Years, R/o V.p. Thada, Tehsil
Salumbar, District Udaipur, Rajasthan.
46. Devi Lal Meena S/o Shri Hari Prakash Meena, Aged About
34 Years, R/o Village Kharbar-A, Post Kharbar, Tehsil
Sarada, District Udaipur, Rajasthan.
47. Rakesh Kumar S/o Mahesh Kumar, Aged About 33 Years,
Sr/o Village Kandal, Post Khanmin, Tehsil Kherwada,
District Udaipur, Rajasthan.
48. Mukesh Kumar Kalasua S/o Shri Nathuji, Aged About 33
Years, R/o Village Barna, Post Ghodi, Tehsil Rishabdev,
District Udaipur, Rajasthan.
49. Shankar Lal Vadera S/o Shri Khatu Lal Vadera, Aged
About 29 Years, R/o Village Paliyakheda, Post Makdadev,
Tehsil Jhadol, District Udaipur, Rajasthan.
50. Hitesh Chandra Pancholi S/o Shri Bhagwati Lal Pancholi,
Aged About 27 Years, R/o Village Barodia, Post Metwala,
Tehsil Gadi, District Banswara, Rajasthan.
51. Anil Kumar Joshi S/o Shri Devi Lal Joshi, Aged About 26
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Years, R/o Village Limdi, Post Khadagda, Tehsil Sagwada,
District Dungarpur, Rajasthan.
52. Sundar Lal S/o Shri Chagan Lal, Aged About 32 Years,
Village Kakanwadi, Post Barigama, Tehsil Bagidora,
District Banswara, Rajasthan.
53. Dinesh Kumar S/o Shri Shankar Lal Meena, Aged About
28 Years, R/o Village Kherki, Post Katanwada, Tehsil
Sarada, District Udaipur, Rajasthan.
54. Dilraj Singh S/o Shri Govind Singh, Aged About 24 Years,
R/o V.p. Thikriya, Tehsil Gadi, District Banswara,
Rajasthan.
55. Manvendra Singh S/o Laxman Singh Chouhan, Aged
About 25 Years, R/o Village Himmat Singh Ka Ghada, Psot
Asoda, Tehsil Gadi, District Banswara, Rajasthan.
56. Naresh Chandra Patidar S/o Shri Rajmal Patidar, Aged
About 28 Years, R/o Village Oda, Post Kesharpura, Tehsil
Gadi, District Banswara, Rajasthan.
57. Ajit Modiya S/o Ram Lal Ji Modiya, Aged About 28 Years,
R/o Village Rani, Post Harshawada, Tehsil Kherwada,
District Udaipur, Rajasthan.
58. Sohan Kumari D/o Shri Bubu Lal, Aged About 26 Years,
R/o Village Daulatpura, Post Jahajpura, Tehsil Chhoti
Sharwan, District Banswara, Rajasthan.
59. Pratap Lal S/o Bhaga Ji, Aged About 31 Years, R/o Village
Kamlagodi, Post Chiklad, Tehsil Pratapgarh, District
Pratapgarh, Rajasthan.
60. Mahipal Panda S/o Shri Kamla Ji, Aged About 26 Years,
R/o Village Khootangarat, Post Bhalerlander, Tehsil
Anandpuri, District Banswara, Rajasthan.
61. Pravin Singh Jhala S/o Shri Narayan Singh Jhala, Aged
About 28 Years, R/o Village Nayagaav, Post Khakhad,
Tehsil Jhadol (F), District Udaipur, Rajasthan.
62. Narayan Lal S/o Shri Khatu Lal Parmar, Aged About 30
Years, R/o Village Melniya, Post Oda, Tehsil Jhadol (F),
District Udaipur, Rajasthan.
63. Khushboo Sisodiya D/o Kamal Singh Sisodiya, Aged About
26 Years, R/o Village Parda Moru, Post Vageri, Tehsil
Sagwada, District Dungarpur, Rajasthan.
----Petitioners
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Versus
1. State Of Rajasthan, Through The Additional Chief
Secretary, Department Of Home, Government Of
Rajasthan, Jaipur, Rajasthan.
2. The Additional Director General Of Police, Armed
Battalion, Jaipur, Rajasthan.
3. The Commandant, Rajasthan Armed Constabulary (Rac),
14Th Battalion Rac, Pahari, Bharatpur, Rajasthan.
----Respondents
For Petitioner(s) : Dr. Nupur Bhati.
Mr. Keshav Bhati.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 17/07/2019 It is submitted by learned counsel for the petitioners that the petitioners were appointed pursuant to the advertisement dated 20.07.2013 by order dated 19.01.2016 and, thereafter confirmed by order dated 16.04.2018 in the TSP Area.
Submissions have been made that pursuant to the circular dated 16.07.2018 (Annex.-5) issued by the Department of Personnel, respondents have issued circular dated 30.08.2018 (Annex.-6), calling for options pursuant to the Rules of 2014, however, the option has been confined to candidates, whose area has now been included in the Tribal Sub-Plan Area by notification dated 19.05.2018.
It is submitted that in the circular dated 30.08.2018, it has been indicated that qua the existing Areas options have already been taken from the employees, however, insofar as the petitioners, who belong to the area, which was already TSP Area (Downloaded on 01/09/2019 at 10:35:44 PM) (7 of 7) [CW-10154/2019] prior to notification dated 19.05.2018, no such option was given and that the petitioners are willing to serving in the TSP Area only.
Submissions have been made that pursuant to the order dated 30.08.2018, the petitioners have made representations requiring the respondents to accord them benefit of option under the Rules of 2014, however, it is apprehended that in view of the indications made in the circular dated 30.08.2018, the petitioners shall not be accorded the said benefit for no fault of theirs.
In view of the submissions made, issue notice. Issue notice of the stay application also, returnable in three weeks.
Notices when issued be given 'dasti' to the learned counsel for the petitioners.
In the meanwhile, in case, the respondents pass orders pursuant to the circular dated 30.08.2018 according benefit under the Rules of 2014 and confines the same to the Areas, which were included after the notification dated 19.05.2018, the same shall remain subject to the final outcome of the present writ petition.
(ARUN BHANSALI),J 40-PKS/-
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