Disposed

Nawal Kishor Kumhar S/O Shree Laluram Kumhar v. State of Rajasthan through the Principle Secretary to the Government, Department of Home

Rajasthan HC5 Jul 2018CW/13654/2018

Case brief

AI extract

What is this about?

The Rajasthan High Court in S.B. Civil Writs No. 13654/2018 held that petitioners facing issues regarding reappointment as Home Guards should file a comprehensive representation with the Director General of Police. The Director General was directed to decide within two months. A coordinate bench's previous directive was followed.

What did the court decide?

Petitioners directed to file comprehensive representation with Director General of Police within two weeks; Representations to be decided within two months.

Nawal Kishor Kumhar S/O Shree Laluram Kumhar Vs… — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 13654/2018

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Nawal Kishor Kumhar S/o Shree Laluram Kumhar , Aged About 40 Years, Ballot No. R-58, Resident Of Village Bawanpada, Post Sikndra Teh Sikrai, Dist. Dousa, Rajasthan

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Rajendra Singh S/o Shree Girdhari Singh, Ballot No. 6263 , Resident Of Ward No.1 Plot No. 272, Brahmano Ka Mohalla, Nindar, Harmada, Dist.jaipur, Rajasthan

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Sunil Kumar Sharma S/o Lalu Lal Sharma, Ballot No. 6277 , Resident Of Ward No. 1 Nindar, Akeda Doonger, Vki, Jaipur, Rajasthan

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Rakesh Kumar S/o Rudmal Yogi, Ballot No. 822 , Resident Of Bhawan Jogiyo Ka Mohalla, Ward No. 1, Nidar, Harmada, Jaipur, Rajasthan

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Jiwanram S/o Roodmal, Ballot No. 6627 , Resident Of 2-B, Sarvoday Colony, Sikar Road, Harmada, Jaipur, Rajasthan

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Alok Kumar Meena S/o Sohan Lal Meena, Ballot No. 6314 , Resident Of 327, Jayrampura Road, Meena Colony, Nindad, Nangal Purhit, Jaipur, Rajasthan

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Banwari Lal S/o Moolchand, Ballot No. 6252 , Resident Of Jogoyo Ka Mohalla, Ward No. 1, Waya Vki Area, Nindad, Jaipur, Rajasthan

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Nathu Lal S/o Moolchand, Ballot No. 6253 , Resident Of Ward No. 1, Yogi Mohalla, Nindad, Teh. Amer, Jaipur, Rajasthan

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Satpal Singh S/o Shivpal Singh, Ballot No. 845 , Resident Of Brahmno Ka Mohalla, Nindad, Teh. Amer, Jaipur, Rajasthan

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Chotilal Yogi S/o Chhigan Lal Yogi, Ballot No. 6254 , Resident Of Vki Area, Nindad, Teh. Amer, Jaipur, Rajasthan

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Prushottam Dayal Yogi S/o Sataynarayan Yogi, Ballot No. 7803 , Resident Of 65, Mansamata Nagar, Harmada, Jaipur, Rajasthan

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Ramlal Kuldeep S/o Jodaram, Ballot No. 830 , Resident Of 262 Amrit Colony, Nidad, Harmada Jaipur, Rajasthan

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Ramesh Chand Raigar S/o Kheruram Raigar, Ballot No.

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(2 of 5)

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[CW-13654/2018]

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6454 , Resident Of Plot No. 15, Mangal Vihar Colony, Purani Chungi, Agra Road, Jaipur, Rajasthan

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Rajendra Prasad S/o Ramjilal, Ballot No. 6723 , Resident Of Plot No. 16, Mangal Vihar Colony, Agra Road, Jaipur, Rajasthan

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Kishan Lal S/o Chigan Lal, Ballot No. 1223 , Resident Of Village Post Nindad, Harmada, Jaipur, Rajasthan

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Ram Kishor Saini S/o Mangal Ram, Ballot No. 799 (1786) , Resident Of 373, Laxmi Nagar, Brahmpuri, Tripoliya Bazar, Jaipur, Rajasthan

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Chiranji Lal Bairwa S/o Devi Sahay Bairwa, Ballot No. 89 , Resident Of Village Chawand, Post Hingotiya, Dist. Dausa, Rajasthan

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Bhawani Singh S/o Hari Singh, Ballot No. 1496 , Resident Of Village 68, Deep Vihar, Nangal Jesa Bohra, Ward No.2, Dist. Jaipur, Rajsthan

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Brijesh Malhotra S/o Gajanand, Ballot No. R 352 , Resident Of Mandi Khatikan, Char Darwaza, Dist. Jaipur, Rajasthan

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Lokesh Sharma S/o Shankar Lal Sharma, Ballot No. 517 , Resident Of Plot No.6, Chipiwada, Ajmer Road, Dist. Jaipur, Rajasthan

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Kamal Malhotra S/o Ram Lal, Ballot No. 2945 , Resident Of Mandi Khatikan, Char Darwaza, Dist. Jaipur, Rajasthan

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Shrawan Lal Gurjar S/o Ghisa Lal, Ballot No. R 89 , Resident Of Gurjaron Ka Mohalla, Matera, Phulera, Dist. Jaipur, Rajasthan

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Subhash Chandra S/o Bhadar Singh, Ballot No. 431 , Resident Of Plot No. 56, Tilak Nagar, Jawahar Nagar, Dist. Jaipur, Rajasthan

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Onkar Singh S/o Basant, Ballot No. 523 , Resident Of 56, Shivpuri, Sodala, Dist. Jaipur, Rajasthan

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Rudmal Sen S/o Gopal Lal Sain, Ballot No. 1951 , Resident Of Village Khanipura, Jahota, Dist. Jaipur, Rajasthan

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Ladu Ram Sain S/o Lala Ram Sain, Ballot No. 2140 , Resident Of Sanjhariya, Bagru, Dist. Jaipur, Rajasthan

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Gajendra Singh S/o Mohan Singh, Ballot No. 443 , Resident Of 167, Bheru Store, Hasanpura, Dist. Jaipur,

(3 of 5)

[CW-13654/2018]

Rajasthan

Kailash Chand S/o Ram Gopal, Ballot No. 463 , Resident Of Bheru Kirana Store, Hasanpura, Dist. Jaipur, Rajasthan

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Lokesh Kumar Gathariya S/o Ratan Lal, Ballot No. 6501 , Resident Of 290, Char Darwaza, Mandi Khatikan, Dist. Jaipur, Rajasthan

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Satyendra Singh S/o Balveer Singh, Ballot No. 75 , Resident Of Dist. Dausa, Rajasthan

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Kamal Kishore Meena S/o Kishan Lal Meena, Ballot No. 889 , Resident Of Village Post Nindar, Vki Area, Dist. Jaipur, Rajasthan

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Bholu Ram Regar S/o Suja Ram Regar, Ballot No. 195 , Resident Of Village Manpura Machedi, Via Morija, Dist. Jaipur, Rajasthan

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----Petitioners

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Versus

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State Of Rajasthan Through The Principle Secretary To The Government, Department Of Home , Government Of Rajasthan, Govt Secretariat, Jaipur, Rajasthan

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Director General Of The Police Home Guard And Civil Defence , Jaleb Chowk, City Palace, Jaipur

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Commandant C/o Office Of Director General Of The Police Home Guard And Civil Defence , Jaleb Chowk, City Palace, Jaipur

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	----Respondents
For Petitioner(s)	: Mr. Sher Singh Mehla
For Respondent(s)	:

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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05/07/2018

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Learned counsel for the petitioners submits that in identical matter, a Coordinate Bench of this Court permitted the petitioners therein, to address a representation vide order dated 23^rd

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(4 of 5)

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[CW-13654/2018]

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February, 2016, in SBCWP No.2226/2016: Shiv Narayan & Ors. Versus State of Rajasthan & Ors., observing thus:

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“Grievance of petitioners is that despite their rendering services as Home Guards with respondents continuously from the year 1995/1996 till 31.07.2009, the respondents are not allowing their reappointment as such, pursuant to order No.10423-61 dated 01.05.2013 thereby permitting enrollment of willing volunteers who were discharged for reasons other than disciplinary and medical grounds against the vacancies of future years subject to the conditions of fulfillment of expected norms and selection process as per the Rules, as in the application form the respondents have put condition no.7 to the effect that earlier discharged Home Guards would not be eligible for recruitment. The petitioners were not discharged either on disciplinary or medical ground. That condition of the respondents in the application form is contrary to Rule 8(ii) of the Rajasthan Home Guard Rules, 1962, and also the order dated 01.05.2013 of the respondent no.3. Rule 8(ii) of the Rules of 1962 provides that a person appointed shall be entitled for reappointment.

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Having regard to the controversy raised in this writ petition, instead of directly entertaining the same, the petitioners are required to approach the respondent no.2 – the Director General of the Police Home Guards and Civil Defence, Government of Rajasthan, Jaipur, by way of filing representation along-with a copy of this order, who shall, after verifying the facts, consider and decide the same by appropriate speaking order addressing their grievance within a period of two months from the date of its making, or otherwise give reasons.

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Writ petition accordingly stands disposed of. This also disposes of stay application.”

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(5 of 5)

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[CW-13654/2018]

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In view of the statement made; the instant writ proceedings are closed with a direction to the petitioners to address a comprehensive representation to the Director General of Police, Home Guard & Civil Defence, Government of Rajasthan, Jaipur, within two weeks hereinafter.

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In case, a representation is so addressed; the respondent aforesaid is directed to decide the same as expeditiously as possible in accordance with law, however, in no case later than two months from the date of receipt of representation along with certified copy of this order.

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(VEERENDR SINGH SIRADHANA)J.

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SS/151

Nawal Kishor Kumhar S/O Shree Laluram Kumhar v. State of Rajasthan through the Principle Secretary to the Government, Department of Home

Case brief

What is this about?

What did the court decide?

Nawal Kishor Kumhar S/O Shree Laluram Kumhar v. State of Rajasthan through the Principle Secretary to the Government, Department of Home

Case brief

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What did the court decide?

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