Disposed

Sunil Kumar Bishnoi (Belt No. 315) v. State of Rajasthan

Rajasthan HC23 Feb 2024CW/2568/2024

Case brief

AI extract

What is this about?

Single bench order disposing of a writ petition by recording reliance on a coordinate bench judgment (Dara Singh) directing appellants to file a representation for relief based on seniority and appointment benefits.

What did the court decide?

Petitioners directed to file representation before competent authority with certified copy of judgment and photo-stat of Dara Singh.(83). Stay application disposed of.

Sunil Kumar Bishnoi (Belt No. 315) Vs State of… — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:9413]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2568/2024

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Sunil Kumar Bishnoi (Belt No. 315) S/o Shankarlal, Aged About 30 Years, R/o Madiya Nokha, Bikaner, Rajasthan, Employee Id Rjbr201504014695

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Jitendra Singh (Belt No. 130/137) S/o Vikram Singh, Aged About 30 Years, R/o Village- Togawas, PostToogawas, Thana- Bhaleri, Teh.- Taranagar, Dist. - Churu (Raj.), Employee Id Rjbr201504014846

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Gopi Chand Bishnoi (Belt No. 324) S/o Mangi Lal Bishnoi, Aged About 29 Years, R/o Village Pithrasar, Post Jai Singh Desar Magra, Police Station Panchu, Tehsil Nokha, District Bikaner, Employee Id Rjbr201504014845

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Shrawan Kumar (Belt No. 208/484) S/o Harlal Nehara, Aged About 29 Years, R/o Village Post Gungara Thana Dadiya Teh-Dist-Sikar (Rajasthan), Employee Id Rjbr201504014617

¶8

Arun Kumar Mahala (Belt No. 85) S/o Shish Ram, Aged About 28 Years, R/o Village/post - Bhojasar, Thana - Mandawa, Teh- Jhunjhunu, Dist- Jhunjhunu (Rajasthan), Employee Id Rjbr201504014632

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Ramraj Gurajr (Belt No. 845/114) S/o Amar Singh Gurjar, Aged About 31 Years, R/o Village Nagla Dhoot, PostKhankhera, Teh- Bayana, Dist.- Bharatpur, Rajasthan, Employee Id Rjbr201504014826

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Shyam Sundar Suman (Belt No. 56) S/o Bheru Lal, Aged About 32 Years, R/o Village Niyamatpur, Thana And Post Bapcha, Teh. Chhabra, Dist. Baran (Rajasthan), Employee Id Rjbr201504014413

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Ram Karan Yadav (Belt No. 472/41) S/o Rameshwar Parsad Yadav, Aged About 32 Years, R/o Nivasi-Parsala Ki Dhani, Vpo-Navalpura, Vaya-Manoharpur, ThanaManoharpur, Dist. -Jaipur, (Raj.), Employee Id Rjbr201504014797

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Saurabh Singh (Belt No. 989/153) S/o Gyan Singh, Aged About 36 Years, R/o Vp-Piprau, Nadbai, Bharatpur, Rajasthan, Employee Id Rjbr201504014848

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Ramcharan Gocher (Belt No. 192) S/o Surajmal, Aged About 30 Years, R/o Village Chhiparda, Post Nimod, Tehsil

(2 of 6)

[2024:RJ-JD:9413]

[CW-2568/2024]

Digod, Dist. Kota Rural, Rajasthan, Employee Id Rjbr201504014609

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Vijendra Singh Gurjar (Belt No. 15) S/o Rambilash Gurjar, Aged About 31 Years, R/o Village Post -Rajwana, ThanaChauth Ka Barwada, District - Sawai Madhopur, Rajasthan, Employee Id Rjbr201504014610

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Ranveer Singh (Belt No. 13) S/o Raman Singh, Aged About 29 Years, R/o Village Shekhpura, Tehsil Kathumar, Dist. Alwar, Employee Id Rjbr201504014597

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Manoj Kumar (Belt No. 179/73) S/o Raman Lal, Aged About 36 Years, R/o Village-Malah, Post-Malah, ThanaSewar, Teh. Bharatpur, Dist.-Bharatpur (Rajasthan), Employee Id Rjbr201504014798

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Hansraj Mahala (Belt No. 238) S/o Bhagirath Mahala, Aged About 31 Years, R/o V. And P. Dadiyarampura Via Reengus Dist.- Sikar, Rajasthan, Employee Id Rjbr201504014633

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Vikash Kumar (Belt No. 115) S/o Nathu Ram, Aged About 32 Years, R/o Village Fatehshari Post Devgaon Nua Thana Mukandgarh Mandi, Teh. Nawalgarh, Dist. Jhunjhunu, Rajasthan, Employee Id Rjbr201504014615

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Chandan Singh Dagur (Belt No. 274) S/o Surendra Singh, Aged About 30 Years, R/o Vill And Post-Sherpur, Teh.Surouth, Dist.-Karauli, Rajasthan, Employee Id Rjbr201504014843

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Arjun Singh (Belt No. 619/131) S/o Radharaman, Aged About 29 Years, R/o Village - Kayreeka, Post - Chulhera, Teh.-Deeg, Dist.-Deeg (Bharatpur), Rajasthan, Employee Id Rjbr201504014658

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Vishvendra Singh (Belt No. 145) S/o Ram Lal, Aged About 30 Years, R/o Village-Pahari, Thana-Pahari, Teh-Pahari, Dist-Deeg (Bharatpur), Rajasthan, Employee Id Rjbr201504014636

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Vikash Kumar (Belt No. 40) S/o Banwari Lal, Aged About 32 Years, R/o Village Fatehsari, Post Devgoan, Police Station Mukundgarh, Dist. Jhunjhunu, Rajasthan, Employee Id Rjbr201504014600

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Vikram Singh (Belt No. 293) S/o Arjun Singh, Aged About 30 Years, R/o Vill. Badanpura, Post Suhans, Teh. Weir,

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Thana Weir, Dist. Bharatpur, Rajasthan, Employee Id Rjbr201504014854

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Dasharath Singh (Belt No. 65) S/o Suresh Singh, Aged About 30 Years, R/o Village-Pandeka, Tehseel-Pahari, Dist.- Deeg (Bharatpur), Rajasthan, Employee Id Rjbr201504014648

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Sunil Kumar (Belt No. 183) S/o Banwari Lal, Aged About 33 Years, R/o Village -Seja Ki Dhani, Post- Ajari Kalan, Thana- Sadar Jhunjhunu, Teh.-Jhunjhunu, Dist-Jhunjhunu (Raj) Employee Id Rjbr201504014858

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Bakay Bihari Lal (Belt No. 27) S/o Ramlal, Aged About 31 Years, R/o Vill. Bahramda, Thana And Tehsil Nadbai, Dist. Bharatpur, Rajasthan, Employee Id Rjbr201504014389

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Satendra Singh (Belt No. 99) S/o Totaram, Aged About 36 Years, R/o Village And Post-Gunsara, Teh.-Rarah (Kumher), Dist.- Deeg (Bharatpur) Raj., Employee Id Rjbr201504014866

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Hemant Choudhary (Belt No. 142) S/o Babu Lal Choudhary, Aged About 31 Years, R/o Advocate Colony, Kathoomer Road, Laxmangarh Teh. - Laxmangarh, Dist. - Alwar, Rajasthan, Employee Id Rjbr201504014614

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Kasamdeen (Belt No. 18) S/o Ismail Khan, Aged About 33 Years, R/o Vill.-Kaimala, Post -Desula, Thana-Vaishali Nagar, Teh. And Dist.- Alwar, Rajasthan, Employyee Id Rjbr201504014407

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Khairati Lal Gurjar (Belt No. 257) S/o Hanuman Sahai, Aged About 30 Years, R/o Kakrana Chhota Khala Ki Dhani, Post- Sothana, Thana- Viratnagar, Teh. Viratnagar, District Kotputli, Rajasthan, Employee Id Rjbr201504014662

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Veerendra Singh Chhavadi (Belt No. 522/ 113) S/o Lakhan Singh, Aged About 32 Years, R/o Village - Manjeepura Post- Jagdeeshpura, Teh- Todabheem, Dist.Gangapur City (Karouli), Rajasthan, Employee Id Rjbr201504014646

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Shrawan Ram (Belt No. 52) S/o Jeta Ram, Aged About 30 Years, R/o Village Post Bher, Teh. Khinswar, Dist. Nagaur, Rajasthan, Employee Id Rjbr201504014409

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Pushpendra Kumar (Belt No. 342) S/o Ram Kishan, Aged About 32 Years, R/o Village, Post -Nyotha, Thana, Teh. -

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Nadbai, Dist Bharatpur, (Rajasthan), Employee Id Rjbr201504014482

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Laxman Singh (Belt No. 92) S/o Pratap Singh, Aged About 29 Years, R/o Village Post- Sirthala, Thana- Sikri, Teh.- Nagar, Dist.- Deeg (Bharatpur), Rajasthan, Employee Id Rjbr201504014650

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Asharam Jat (Belt No. 97) S/o Ratan Lal Jat, Aged About 31 Years, R/o Village Sursura, Tehshil Roopangarh, Dist. Ajmer, Rajasthan, Employee Id Rjbr201504014350

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Lokesh Kumar Gurjar (Belt No. 362/69) S/o Sheeshram Gurjar, Aged About 29 Years, R/o V. P. Sirohi, Vaya Manoharpur, Police Station Chandwaji, Tehsil Amer, Dist. Jaipur, Rajasthan, Employee Id Rjbr201504014415

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Avdhesh Kumar (Belt No. 617/212) S/o Ashok Kumar, Aged About 32 Years, R/o Santruk Kumher Rarah, Deeg Rajasthan, Employee Id Rjbr201504014655

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Kalu Ram (Belt No. 303) S/o Brijlal, Aged About 33 Years, R/o Vp Durjana, Teh. Nohar, Dist. Hanuamangarh (Raj.), Employee Id Rjbr201504014687

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Shambhoo Singh (Belt No. 332) S/o Bijendra Singh, Aged About 33 Years, R/o Tighra, Tehsil And Dist. Dholpur (Raj.), Employee Id Rjbr201504014852

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Ramdev Pawariya (Belt No. 197) S/o Kheta Ram, Aged About 37 Years, R/o Vill Prempura, Losal, Thana Losal, Teh. Dantaramgarh, Dist. Sikar, Rajasthan, Employee Id Rjbr201504014835

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Home Secretary, Department Of Home, Government Of Rajasthan, Government Secretariat, Jaipur.

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Director General Of Police, Rajasthan.

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Inspector General Of Police (Kota Range), Kota.

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Inspector General Of Police, (Sikar Range) Sikar. 5. Inspector General Of Police, (Bharatpur Range) Bharatpur. 6. Inspector General Of Police, (Jaipur Range) Jaipur.

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Superintendent Of Police, District Baran, Rajasthan.

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(5 of 6) [CW-2568/2024]

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[2024:RJ-JD:9413]

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Superintendent Of Police, District Alwar, Rajasthan.

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Superintendent Of Police, District Karauli, Rajasthan.

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Superintendent Of Police, District Dholpur, Rajasthan.

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Superintendent Of Police, District Jhunjhunu, Rajasthan

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Superintendent Of Police, District Sawai Madhopur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Prakash Lamba, through VC

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JUSTICE DINESH MEHTA

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Order

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23/02/2024

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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 rendered in the case of Dara Singh v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11973/2012)

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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 that extent is redressed, but appointment should have been made effective 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

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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 a 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) 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 not be construed to be an order to decide the representation in a particular manner.

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Stay application also stands disposed of, accordingly.

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(DINESH MEHTA),J

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22-Mak/-

Sunil Kumar Bishnoi (Belt No. 315) v. State of Rajasthan

Case brief

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Sunil Kumar Bishnoi (Belt No. 315) v. State of Rajasthan

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