Disposed

Jitendra Sharma v. the State of Rajasthan

Rajasthan HC11 Jan 2023CW/482/2023

Case brief

AI extract

What is this about?

This order dismisses a writ petition by eight activists seeking appointment with notional benefits and seniority from the date lesser candidates were appointed, relying on a coordinate bench directive in Dara Singh v. State of Rajasthan.

What did the court decide?

Petition disposed of with directions to respondents to treat petitioner as entitled to notional benefits and seniority from the date lesser meritorious candidates were given appointment.

Jitendra Sharma Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 482/2023

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Jitendra Sharma S/o Shri Prakash Chandra, Aged About 28 Years, R/o Mahaveer Chowk, In Front Of Vimal Vihar, Bilara, Jodhpur At Present Posted At Jodhpur.

¶4

Shrawan Lal S/o Joga Ram, Aged About 35 Years, R/o Village And Post Godawas Kalla, Tehsil Pachpadra District Barmer At Present Posted At Jodhpur.

¶5

Gopal Ram Vishnoi S/o Tulchha Ram Vishnoi, Aged About 33 Years, R/o Village Thaton Ki Dhani, Barjasar, Tehsil Phalodi, District Jodhpur At Present Posted At Jodhpur.

¶6

Raju Ram S/o Ghewara Ram, Aged About 33 Years, R/o Bhundana, Tehsil Pipar City, Jodhpur At Present Posted At Jodhpur.

¶7

Bhopal Ram S/o Jabroo Ram, Aged About 35 Years, R/o Ekalkhori, Tehsil Osian District Jodhpur At Present Posted At Jodhpur.

¶8

Gopal Krishan S/o Jagram, Aged About 32 Years, R/o Village And Post Dugarwa, Tehsil Bagoda, District Jalore, At Present Posted At Jodhpur.

¶9

Shri Vala Ram Bishnoi S/o Bheekha Ram, Aged About 39 Years, R/o Sevari, Tehsil Bagora District Jalore At Present Posted At Jodhpur.

¶10

Shri Pancha Ram Bishnoi S/o Mohabataram, Aged About 37 Years, R/o Village Bhatip, Post Pamana, Tehsil Raniwara District Jalore At Present Posted At Jodhpur.

¶11

----Petitioners

¶12

Versus

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The State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur.

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The Director General Of Police, Police Headquarter, Jaipur. 3. Inspector General Of Police, Jodhpur Range, Jodhpur. 4. The Superintendent Of Police, Jodhpur.

¶15

----Respondents

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For Petitioner(s) : Mr. Jagdish Kumar Vishnoi

¶17

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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11/01/2023

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It is submitted by the counsel for the petitioners that the issue raised in the present writ petition is covered by the judgment in

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(2 of 2)

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[CW-482/2023]

¶23

Dara Singh v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.11973/2012, decided on 17.12.2012.

¶24

In the case of Dara Singh (supra), a coordinate Bench of this Court, inter alia, directed as under:

¶25

“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.

¶26

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.

¶27

With the aforesaid, writ petition stands disposed of.”

¶28

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).

¶29

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.

¶30

(VINIT KUMAR MATHUR),J

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99-Praveen/-

Jitendra Sharma v. the State of Rajasthan

Case brief

What is this about?

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Jitendra Sharma v. the State of Rajasthan

Case brief

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