Vijay Kumar Meena And Others vs State Of Rajasthan And Others

Arun Bhansali, J

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 decided on 17.12.2012.

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

“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.

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.

With the aforesaid, writ petition stands disposed of.”

In view of the submissions made, the writ petition filed by the petitioners is disposed of with similar directions as given in the case of Dara Singh (supra).

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.