Rajasthan High Court - Jodhpur
Pradeep Vishnoi vs State Of Rajasthan ... on 7 August, 2023
Bench: Dinesh Mehta
[2023:RJ-JD:25000]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4838/2023
Pradeep Vishnoi S/o Shri Kishana Ram, Aged About 24 Years,
Resident Of Patau Khurd, Tehsil - Pachpadra, Dist - Barmer,
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department
Of Home, Government Secretariat, Jaipur (Raj.).
2. Director General Of Police, Police Head Quarter, Lal Kothi,
Jaipur (Raj.).
3. Superintendnet Of Police, Rajsamand, District Rajsamand
(Raj.).
----Respondents
For Petitioner(s) : Mr. O.P. Sangwa
For Respondent(s) : Mr. Manish Vyas, AAG
Mr. Gaurav Ranka for Ms. Vandana
Bhansali
Mr. Anil Kumar Bissa
JUSTICE DINESH MEHTA
Order
07/08/2023
1. The petitioner has approached the Court apprehending that
the respondents would require the petitioner to deposit expenses
incurred on his training and refund the salary drawn by him during
his course of employment with the respondents.
2. The petitioner was appointed on the post of constable with
the respondents. While remaining posted as a constable, he
appeared for recruitment to the post of Village Development
Officer and was appointed by order dated 28.03.2023.
[2023:RJ-JD:25000] (2 of 5) [CW-4838/2023]
3. Petitioner filed the present petition with a prayer that a
relieving order be passed by the respondents. On 12.04.2023, a
coordinate Bench of this Court passed interim order in favour of
the petitioner and the respondent authority was directed to relieve
the petitioner(s) from the post in question without insisting for
payment of refund of training expenses/salary.
4. Mr. Sangwa, learned counsel for the petitioner at the outset
submitted that in pursuance of order dated 12.04.2023, the
petitioner has been relieved by the respondents, hence, the order
be made absolute.
5. He submitted that while making the order absolute the
respondents also be restrained from recovering the training
expenses and salary from the petitioner as has also been held by
a co-ordinate bench of this Court in Gorkha Ram vs State And
Ors (S.B. Civil Writ Petition No. 227/2017).
6. Mr. Bissa learned counsel for the respondent argued that in
the case of Gorkha Ram (supra) while relying upon SBCWP No.
5255/2013 Arun Choudhary & Ors. Vs. State & Ors. this
Court by order dated 08.09.2020 directed the respondent -
Department to reimburse the 'amount of both salary & training
expenses' amounting to Rs. 1,24,564/- recovered from the
petitioner, whereas, in Arun Choudhary(supra) the Court had
directed to release the salary alone, while maintaining
respondent-Department's right to recover training expenses.
7. Mr. Bissa submitted that in an appeal filed against the order
of learned Single judge in Gorkha Ram (supra), the Division Bench
by its order dated 26.08.2021 passed in D.B. Special Appeal Writ
[2023:RJ-JD:25000] (3 of 5) [CW-4838/2023]
No. 288/2021 has stayed the order dated 08.09.2020 and prayed
that the respondents be permitted to recover the training
expenses so also the salary drawn by the petitioner.
8. Heard learned counsel for the parties.
9. In the case of Arun Choudhary (supra) the Court had
ordered that the petitioners' salary be released if amount of
training expense has been deposited by them. Relevant part of the
judgment reads thus:
"Having regard to the facts aforesaid especially the
latest
judgment of the coordinate bench rendered at
Principal Seat in Bhanwar Lal vs. State of Rajasthan
& Ors.,S.B. Civil Writ Petition No. 8934/2013 decided
on 28.1.2014, the present petitions deserve to be
disposed of with direction that if the petitioners have
already deposited the amount of training expenses as
per the circular of the Director General of Police
dated 30.9.2008, the respondent‐ Education
Department shall release their salary. The fact about
the deposit of the training expenses shall be verified
by the concerned Superintendent of Police on the
petitioners' approaching him along with copy of this
order, who shall have the training expenses
computed as per the aforesaid circular dated
30.9.2008.
On NOC being issued by him, the Education
Department shall release the salary of the
petitioners. It is further directed that if any amount
in excess is found to have been deposited by the
petitioners or recovered from them under the head of
training expenses, the same is liable to be refunded
to the petitioners within two months. If the salary for
[2023:RJ-JD:25000] (4 of 5) [CW-4838/2023]
the earlier period has been with held by the
respondents, it shall be released within two months
too."
10. It may also be apt to refer to a co-ordinate bench judgment
of this Court in the case of Prafull Mehta (Dr.) Vs. State of
Rajasthan and Anr., in SBCWP No. 3703/2012 wherein the
Court while observing that stipend is honorarium in lieu of services
rendered by the petitioner restrained the respondents from
recovering the same when the petitioner therein had left the
course before its completion. Relevant part of the judgment reads
thus:
"22. It is settled law that every citizen is entitled to
get fair wages, remuneration and salary etc. For the
services rendered by him or her in lawful manner. If
a person is deprived of his hard earned wages or
salary by a condition of a contract, then such a
condition of this nature would defeat the provisions
of various laws. It also involves or implies injury to
the property of another. Any person paid for the
services rendered cannot be compelled to pay back
the wages, remuneration or salary received in lieu if
services rendered because the services rendered
cannot be undone by leaving the services.
...........
...........
25. In view of the above discussion, this writ petition
is allowed and it is held that the condition of paying
the stipend back, in a case a student leaves P.G.
course before completion, is declared as void and is
hereby quashed and set aside. The respondents are
[2023:RJ-JD:25000] (5 of 5) [CW-4838/2023]
restrained from recovering the amount of stipend
paid to petitioner during post graduation course."
11. In view of the above while making the interim order
absolute, the respondents are restrained from recovering the
salary drawn by the petitioner during his course of employment
with the respondent-Department.
12. The respondents are directed to determine the amount of
training expenses incurred upon the petitioner during such course
within a period of four weeks from today and intimate the
petitioner.
13. On receipt of the determination of the amount made by the
respondents, the petitioner shall be allowed three months' time to
deposit the same.
14. On deposition of the amount of training expenses by the
petitioner, the respondent-Department shall issue a 'No Objection
Certificate' to the petitioner.
15. The present petition stands disposed of.
16. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
263-Ramesh/-
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