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2025 DAILYLAW 15757 (RAJ)

SONU KANWAR D/O SHRI MOOL SINGH v. STATE OF RAJASTHAN

CW/6766/2023 · 2025-04-15

Sudesh Bansal

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Judgment text

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[2025:RJ-JP:16090] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6766/2023 Sonu Kanwar D/o Shri Mool Singh, Aged About 22 Years, Resident Of Village And Post Phaglwa, Teshil Dhod, District Sikar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Home, Govt. Secretariat, Jaipur. 2. Director General Of Police, Police Headquarter, Jaipur, Rajasthan. 3. Police Commissioner, Commissionerate, Jaipur. 4. Additional Director General Of Police, Recruitment And Promotion Board, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. Bharat Saini Mr. Prashant Saini For Respondent(s) : Mr. Vinod Kumar Gupta, AGC HON'BLE MR. JUSTICE SUDESH BANSAL Order 15/04/2025 1. Heard counsel for both parties and perused the record. 2. This is an undisputed fact that petitioner was selected on merits on the post of Constable (GD), pursuant to the Advertisement dated 29.10.2021 and appointment letter dated 01.02.2023 (Annx.2) was issued in favour of petitioner to join her duties, but petitioner could not join her duties within the prescribed timeline, hence, her appointment has been cancelled vide order dated 13.04.2023 (Annx.5), against which instant writ petition has been filed. 3. Counsel appearing on behalf of respondents submits that petitioner did not assign any good cause/explanation for not [2025:RJ-JP:16090] (2 of 2) [CW-6766/2023] joining her duties within the prescribed time, hence, order of cancellation dated 13.04.2023, does not warrant any interference. 4. This Court finds that petitioner has given an explanation about illness/sickness of her old aged mother and there is no malafides against the petitioner have been attributed by the respondents for not joining the services. Petitioner is a meritorious candidate and it appears that on account of circumstantial reasons, stated by her, she could not join. In addition, it has been pointed out that in the instant writ petition, interim order dated 03.05.2023 has already been passed in favour of petitioner, directing to keep the post vacant and indisputably, no other third party rights against the vacant post of petitioner has been created so far. 5. In view of above, this Court taking a lenient and sympathetic view in favour of petitioner, accepts the cause/ explanation for not joining the services and extend the time to join services. 6. As a result, the writ petition is allowed. The impugned order dated 13.04.2023 is hereby quashed. Petitioner be permitted to join her duties on the post of Constable (GD), pursuant to the Appointment Letter dated 01.02.2023, within a period of one month. However, seniority of petitioner shall be considered w.e.f. date of joining of her duties. 7. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /66