Heera Lal Gayri And Ors vs State And Ors
2021 Latest Caselaw 12984 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8408/2016 Heera Lal Gayri And Ors

----Petitioner Versus State And Ors

----Respondent

For Petitioner(s) : Mr. Mohan Singh for Mr. Kailash Choudhary For Respondent(s) : Mr. Anil Bissa

JUSTICE DINESH MEHTA Judgment 19/08/2021

(1) By way of present writ petition, the petitioners have sought

directions to the respondents to refund the amount, which

they have recovered for the period under which petitioners

have undergone training while working as Constables.

(2) Mr. Mohan Singh, learned counsel appearing for the

petitioners submits that the issue involved in the present

case is squarely covered by judgment of Jaipur Bench of this

Court dated 11.8.2014 rendered in the case of Arun

Choudhary & Ors.Vs. State of Rajasthan & ors. (SBCWP

No.5255/2013).

(3) Mr. Bissa, learned counsel appearing for the respondents on

the other hand submits that a somewhat similar view has

been taken by the coordinate Bench of this Court vide its

judgment dated 20.2.2018 rendered in the case of Smt.

Parwati Vs. State of Rajasthan & Ors. (SBCWP

No.8413/2016).

(4) In case of Smt. Parwati (supra), this Court has held thus:

(2 of 2) [CW-8408/2016]

"This Court in the case of Arun Choudhary (supra) and Sharwan Lal (supra), after considering the provisions of Rule 22B of the Rajasthan Service Rules, 1951 ('the RSR') came to the conclusion that the respondents cannot recover the salary paid to a Constable, who resigns from the Police Department and joins another State Service and only recovery of training charges is permissible.

In view of the categorical law laid down by this Court interpreting the provisions of Rule 22B of the RSR. The submissions made based on the circular dated 30.12.2008 cannot be accepted.

Consequently, the writ petition filed by the petitioner is allowed, the respondents are directed to forthwith reimburse the amount of salary amounting to Rs. 88,481/- recovered from the petitioner on 26.08.2013 along with interest @ 6% per anum from the date of recovery till the date of actual payment. The amount shall paid to the petitioner within a period of two months from today.

(5) After considering the rival submissions, the present writ

petition is disposed of in the same terms of judgment

rendered in the case of Smt. Parwati (supra) and the

respondents are directed to reimburse the amount of salary

to the petitioners out of the sum recovered from them vide

receipts nos.0054 dated 22.9.2012 (for petitioner Heera

Lal); 0053 dated 22.9.2012 (for petitioner Rajendra Singh)

and 0039 dated 13.2.2012 (for petitioner Joga Ram)

alongwith interest @ 6% per annum from the date of

recovery till the date of actual payment.

(6) The amount be paid within a period of two months from

today.

(7) The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

54-CPGoyal/-

Powered by TCPDF (www.tcpdf.org)