Hansraj Meena S/O Shri Ramniwas ... vs State Of Rajasthan
2021 Latest Caselaw 7445 Raj/2

Citation : 2021 Latest Caselaw 7445 Raj/2
Judgement Date : 9 December, 2021

Rajasthan High Court

Hansraj Meena S/O Shri Ramniwas ... vs State Of Rajasthan on 9 December, 2021

Bench: Mahendar Kumar Goyal

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 11717/2020

1.      Hansraj Meena S/o Shri Ramniwas Meena, Aged About 29
        Years,      R/o     Village        Lalwas,        Via     Aandhi     Tehsil
        Jamwaramgarh, District Jaipur (Raj)
2.      Buddhi Prakash Bairwa S/o Shri Prabhoo Dayal Bairwa,
        Aged About 28 Years, R/o Village Sindoli, Post Phaliyawas,
        Tehsil Bassi, District Jaipur (Raj)
                                                                    ----Petitioners
                                     Versus
1.      State Of Rajasthan, Through Its Home Secretary, Govt.
        Secretariat, Jaipur (Raj)
2.      The Director General Of Police, Head Quarter, Jaipur (Raj)
3.      The Deputy Commissioner Of Police (Headquarter), Police
        Commissionerate, Jaipur Through Police Commissioner
        Jaipur (Raj)
                                                                  ----Respondents

For Petitioner(s) : Ms. Komal Kumari Giri with Mr. A.K. Arora For Respondent(s) : Mr. P.S. Naruka for Mr. Rupin Kala, GC

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

09/12/2021

By way of this writ petition, prayer is made to refund the

amount of salary recovered from the petitioners alongwith

interest.

Learned counsel for the petitioners submitted that the issue

raised in the present writ petition is squarely covered by the

judgment dated 18.09.2021 in S.B. Civil Writ Petition

No.9717/2020, Vikas Kumar & Ors. Vs. State of Rajasthan

(2 of 3) [CW-11717/2020]

& Ors., and prayed that this writ petition may also be disposed of

in similar terms.

Learned counsel for the respondents did not dispute the

aforesaid factual as well as legal position.

Heard learned counsels for the parties and perused the

record.

In case of Vikas Kumar (supra), it was held as under:

"Learned counsel for the petitioners submits that the issue raised in the present writ petition is squarely covered by judgment in Arun Choudhary & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 5255/2013, decided on 11.08.2014.

Learned counsel for the respondents submits that in an appeal filed against another order, which was passed following the judgment in the case of Arun Choudhary (supra), the Division Bench has stayed the operation of the order and, therefore, hearing on the matter may be deferred.

Learned counsel for the petitioners submits that in identical circumstances, wherein, similar plea was raised a Co-ordinate Bench of this Court in Randhir Singh v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 8907/2021, decided on 13.09.2021 at Jodhpur, has declined such a prayer and has allowed the petition following the judgment in the case of Arun Choudhary (supra) and, therefore, there is no necessity to wait for the Division Bench judgment.

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

"5.Having regard to the facts and circumstances of the case and considering that the judgment in case of Arun Choudhary (supra) is holding field since 11.08.2014 and further because the State has implemented the orders passed by this Court and Coordinate Benches following the judgment of Arun Choudhary (supra), I am inclined to follow the judgment passed in the case of Arun Choudhary (supra).

6.Consequently, the writ petitions filed by the petitioners are allowed, the respondents are directed to forthwith reimburse the amount of salary (excluding the training expenses) that was recovered

(3 of 3) [CW-11717/2020]

from the petitioners, who had resigned from Police Department to join other State services. The State shall also be required to pay interest @ 6% per annum from the date of recovery till the date of actual payment. The same be paid within a period of two months from today.

7.The stay applications also stand disposed of accordingly.

8.No order as to costs."

In view of the order, in the case of Randhir Singh (supra), the petition filed by the petitioners is allowed with the similar directions as given in the case of Randhir Singh (supra)."

In view thereof, this writ petition is also disposed of in terms

of direction issued by this Court in case of Randhir Singh (supra)

which shall apply mutatis mutandis in this case also.

(MAHENDAR KUMAR GOYAL),J

Sudha/86