Rajasthan High Court - Jodhpur
Nirmala Kumari vs State Of Rajasthan on 25 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14864/2021
Nirmala Kumari D/o Keshav Patidar W/o Naresh Chandra Patidar,
Aged About 33 Years, Village Patidar Mohalla, Moti Bassi, District
Banswara (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home Affairs, Secretariat, Jaipur (Rajasthan).
2. Director General Of Police, Headquarter Rajasthan Police,
Jaipur (Rajasthan).
3. Superintendent Of Police, Banswara (Rajasthan)
----Respondents
For Petitioner(s) : Mr.OP Sangwa.
For Respondent(s) : Mr.Kailash Choudhary for Mr.Manish
Vyas, AAG.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/10/2021
1. In wake of second surge in the COVID-19 cases,
abundant caution is being maintained, while hearing the matters
in Court, for the safety of all concerned.
2. Learned counsel for the petitioner submits that the
issue involved in these writ petitions is squarely covered by a
judgment dated 11.08.2014 of Jaipur Bench of this Court in
SBCWP No.5255/2013, Arun Choudhary & Ors. Vs. State & Ors.
3. It is also informed by the learned counsel that this
Court so also the Coordinate Bench(es) have passed various
orders following the judgment in the case of Arun Choudhary
(supra).
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4. Mr. Kailash Choudhary, associate to Mr. Manish Vyas,
learned AAG, on the other hand submits that a D.B. Special
Appeal No.288/2021 has been preferred against one of such
orders passed by this Court in S.B. Civil Writ Petition No.227/2017
following the judgment in the case of Arun Choudhary (supra), in
which, on 26.08.2021, the Division Bench has been pleased to
stay the effect and operation of the order passed.
5. Learned counsel for the petitioner submits that so far
as judgment in the case of Arun Choudhary (supra) is concerned,
the State has not filed any appeal and the same has attained
finality and thus, the State cannot apply two yardsticks,
particularly when the order passed in case of Arun Choudhary and
also the orders passed by this Court and Coordinate Benches
following the judgment in the case of Arun Choudhary (supra)
have been implemented.
6. 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).
7. Consequently, the writ petition filed by the petitioner is
allowed, the respondents are directed to forthwith reimburse the
amount of salary (excluding the training expenses) that was
recovered 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
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recovery till the date of actual payment. The same be paid within
a period of two months from today.
8. The stay application also stands disposed of
accordingly.
9. No order as to costs.
(DR.PUSHPENDRA SINGH BHATI),J.
282-SPhophaliya/-
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