Disposed

Tarachand Saini v. State of Rajasthan

Rajasthan HC4 Jan 2023CW/51/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding appointment dates and benefits. It directed petitioners to file a representation with the respondent authority citing a precedent, asking for entitlements to be considered based on seniority from when less meritorious candidates received appointments.

What did the court decide?

Directed petitioners to file a representation for entitlement consideration within two weeks; respondent to decide within eight weeks.

Tarachand Saini Vs State of Rajasthan — Property and Title | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 51/2023

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Tarachand Saini S/o Shri Manakchand Saini, Aged About 28 Years, R/o Bhagatji Ki Dhani, Dhoblai Road, Itawa Bhopji, Police Station Samod District Jaipur Rural (Raj.).

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Babu Lal S/o Shri Prabhu Ram, Aged About 31 Years, R/o Village Khardiya, Post Singhana, Tehsil Didwana, District Nagaur (Raj.).

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Shimla Yadav D/o Shri Ramswaroop Yadav W/o Shri Bhagchand Yadav, Aged About 33 Years, R/o Village Kathamana, Tehsil Piplu, District Tonk (Raj.).

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Archana Kumari Meena W/o Shri Jitendra Kumar Ushahara, Aged About 29 Years, R/o Village Thekdeen, Post Balloopura, Tehsil Rajgarh, District Alwar (Raj.).

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Guddi Bai Sulaniya W/o Shri Mukesh Kumar Meena, Aged About 31 Years, R/o Village And Post Sakat, Tehsil Rajgarh, District Alwar (Raj.).

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Prem Chand Verma S/o Shri Jainarayan Verma, Aged About 30 Years, R/o Village And Post Teja Ka Bas, Tehsil Phulera, District Jaipur (Raj.).

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Poonam Devi W/o Shri Mukesh Kumar Choudhary D/o Shri Naval Singh, Aged About 28 Years, R/o Village Raypur Jat, Tehsil Laxmangarh, District Alwar (Raj.).

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Sawai Dan S/o Shri Ras Dan, Aged About 32 Years, R/o Village Bandhali, Post Bhaluri, Tehsil Kolayat, District Bikaner (Raj.).

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Jeet Ram Prajapat S/o Shri Sita Ram Prajapat, Aged About 28 Years, R/o Village Alinagar, Post Bagdwa, Tehsil Peeplu, District Tonk (Raj.).

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Parwati Meena D/o Shri Jagdish Meena, Aged About 35 Years, R/o Village Bharatkhera Ganeshpura, Post Sarsiya Tehsil Jahajpur, District Bhilwara (Raj.).

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Smt. Madhu Rajawat D/o Shri Hanuman Singh W/o Shri Vikram Singh, Aged About 31 Years, R/o Village And Post Mehandwas, Tehsil And District Tonk (Raj.).

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Govind Singh Meena S/o Ramray Meena, Aged About 33 Years, R/o Village And Post Jalampura, Tehsil Jahazpur, District Bhilwara (Raj.).

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(2 of 4) [CW-51/2023]

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Mayaram Singh S/o Shri Bhogiram, Aged About 30 Years, R/o Village Chhavari Ka Pura, Post Matsura, Tehsil Bari, District Dholpur (Raj.).

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Kuldeep S/o Shri Shiv Bhagwan Thalor, Aged About 30 Years, R/o Village And Post Sutot, Tehsil Laxmangarh, District Sikar (Raj.).

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Surksha Kumar S/o Shri Ram Kumar, Aged About 32 Years, R/o Village Meerka, Post Basai, Tehsil Kishangarh Bas, District Alwar (Raj.).

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Home Secretary, Secretariat, Jaipur (Raj.).

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Director General Of Police, Rajasthan, Jaipur. 3. Inspector General Of Police (Ajmer Range), Ajmer (Rajasthan).

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Superintendent Of Police, Bhilwara( Raj.).

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----Respondents

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For Petitioner(s) : Mr. Vinod Jhajharia

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JUSTICE DINESH MEHTA

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Order

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04/01/2023

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

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

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“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

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(3 of 4)

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[CW-51/2023]

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from the date candidates lesser in merit were given appointment with notional benefits.

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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.

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With the aforesaid, writ petition stands disposed of.”

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Without going into the merits of the case, the writ petition is disposed of with direction to the petitioners to file a representation before the competent authority of the respondents along with certified copy of the order instant and photo-stat copy of the judgment in the case of Dara Singh (supra) with a period of two weeks.

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In case, a representation is so addressed within the aforesaid period, the competent authority of respondents shall decide the same and consider petitioners’ entitlement in accordance with the law laid down in the case of Dara Singh (supra) law as early as possible, preferably within a period of eight weeks.

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It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioners’ grievance. The same may

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(4 of 4) [CW-51/2023]

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not be construed to be an order to decide the representation in a

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particular manner.

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The stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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113-A.Arora/-

Tarachand Saini v. State of Rajasthan

Case brief

What is this about?

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Tarachand Saini v. State of Rajasthan

Case brief

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