Rajasthan High Court - Jodhpur
Bheiru Dan vs The State Of Rajasthan on 25 August, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12216/2022
Bheiru Dan S/o Shri Amichand, Aged About 25 Years, Resident of
Village 1 G.D.M., Ward No.05, Govindsar, District Ganganagar
(Raj.).
----Petitioner
Versus
1. The State of Rajasthan, through Secretary, Department
Of Home Affairs, Secretariat, Jaipur (Rajasthan).
2. Director General of Police, Headquarter Rajasthan Police,
Jaipur (Rajasthan).
3. Superintendent of Police, Hanumangarh (Rajasthan).
----Respondents
For Petitioner(s) : Mr. O.P. Sangwa
For Respondent(s) : Mr. Manish Vyas, AAG
HON'BLE MS. JUSTICE REKHA BORANA
Order
25/08/2022
Both the learned counsels submit that the issue in question
is squarely covered by the judgment of this Court passed in the
case of Shalm Singh Bika v. The State of Rajasthan & Ors.;
S.B. Civil Writ Petition No.8692/2022, decided on 19.07.2022.
In Shalm Singh Bika's case (supra), it was observed as under:-
"This writ petition has been filed by the
petitioner seeking directions to the respondents
to refund the recovered amount from the
petitioner on account of salary, allowance and
training expenses alongwith interest @ 9% p.a.
Learned counsel for the petitioner made
submissions that the issue raised in the present
writ petition is squarely covered by a judgment
in Arun Choudhary & Ors. v. State of Rajasthan
& Ors.: S.B. Civil Writ Petition No.5255/2013,
(2 of 3) [CW-12216/2022]
decided on 11.08.2014 at Jaipur Bench and,
therefore, the present writ petition may also be
decided in light of and with similar directions
as given in the case of Arun Choudhary (supra).
Learned AAG made submissions that
though the issue raised is squarely covered by
judgment in the case of Arun Choudhary
(supra) but as another similar nature order
passed by this Court is pending consideration
before the Divsion Bench in D.B. Special Appeal
(Writ) No.288/2021, wherein, effect and
operation of the order has been stayed,
therefore, the hearing in the present
matter be deferred.
I have considered the submissions made
by learned counsel for the parties and have
perused the material available on record.
Once it is not in dispute that the issue
raised in the present writ petition is squarely
covered by the order in the case of Arun
Choudhary (supra), merely because an appeal
arising out of an order passed following the
order in the case of Arun Choudhary (supra) is
pending consideration before the Division Bench,
in which interim order has been granted, cannot
be a reason enough for deferring the hearing of
the present petition, indefinitely.
A Coordinate Bench of this Court in
Nirmala Kumari v. State of Rajasthan & Ors.:
S.B. Civil Writ Petition No.14864/2021,
decided on 25.10.2021, before which also
identical submissions were made, has declined
similar prayer.
In view of the above fact situation, the writ
petitions 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
petitioner, who has resigned to join other State
services. The respondents would also
be required to pay interest @ 6% p.a. from the
date of recovery till the date of actual payment.
Needful may done by the respondents
within a period of two months from the date of
this order."
(3 of 3) [CW-12216/2022]
Therefore, the present writ petition is allowed in the same
terms of Shalm Singh Bika's case (supra).
The stay petition stands disposed of.
(REKHA BORANA),J
110-Sachin/-
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