Rajasthan High Court - Jodhpur

Gopal Krishna Verma vs Ajmer Vidyut Vitran Nigam Ltd on 3 January, 2023

Bench: Vinit Kumar Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12880/2020

Manendra Singh S/o Shri Lal Chand, Aged About 29 Years, Resident Of Badripur, Paramdara, Tehsil Deeg, District Bharatpur (Raj.).

----Petitioner Versus

1. Ajmer Vidyut Vitran Nigam Limited, Registered Office Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer (Raj.) Through Its Superintending Engineer (Raj.).

2. Assistant Engineer, Ajmer Vidyut Vitran Nigam Limited, Gangrar, District Chittorgarh (Raj.).

----Respondents Connected With S.B. Civil Writ Petition No. 11637/2020 Ravi Prakash Meena S/o Shri Hari Narayan Meena, Aged About 28 Years, Resident Of Vpo Nangal Bersi, Teh Dausa, District Dausa (Raj.).

----Petitioner Versus

1. Jodhpur Vidyut Nigam Limited, Registered Office New Power House, Jodhpur (Raj.) Through Its Secretary (Admn.) Jodhpur Discom, Jodhpur.

2. Superintendent Engineer (O And M), Jodhpur Vidyut Vitran Nigam Limited, Jodhpur Discom, Jalore (Raj.).

3. Assistant Engineer, (O And M) Jodhpur Vidyut Vitran Nigam Limited, Jodhpur Discom Raniwara, Jalore (Raj.).

----Respondents S.B. Civil Writ Petition No. 12456/2020 Gopal Krishna Verma S/o Shri Ramswaroop Verma, Aged About 36 Years, Resident Of Raigaron Ka Mohalla, Jamwaramgarh, Jaipur (Raj.).

----Petitioner Versus

1. Ajmer Vidyut Vitran Nigam Ltd., Registered Office Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer (Raj.) Through Its Superintending Engineer (M And P).

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2. Assistant Engineer, Ajmer Vidyut Vitran Nigam Limited, Jahajpur, District Bhilwara (Raj.).

----Respondents S.B. Civil Writ Petition No. 12459/2020 Mamta Khinchi D/o Shri Rajesh Kumar, Aged About 27 Years, R/o 71/31 Sec.-7, Block-72, Agrwal Farm, Mansarovar, District Jaipur (Raj.).

----Petitioner Versus

1. Jaipur Vidyut Vitran Nigam Ltd., Registered Office Vidyut Bhawan, Jyoti Nagar, Jaipur (Raj.) Through Its Superintending Engineer (M And P).

2. Personal Officer, (O And M) Jaipur Vidyut Vitran Nigam Limited, Tonk (Raj.).

----Respondents S.B. Civil Writ Petition No. 12883/2020 Vimal Meena S/o Shri Hanuman Sahay Meena, Aged About 27 Years, Resident Of Ward No. 15, Laxminagar, Akhepura, District Jaipur (Raj.)

----Petitioner Versus

1. Jaipur Vidyut Vitran Nigam Limited, Registered Office Vidyut Bhawan, Jyoti Nagar, Jaipur (Raj.) Through Its Superintending Engineer (O And M)

2. Assistant Engineer, (A-II) Jaipur Vidyut Vitran Nigam Limited, Jaipur Discom, Dholpur (Raj.).

                                                                   ----Respondents


For Petitioner(s)          :     Mr. Papu Sangwa
For Respondent(s)          :     Mr. Mohit Choudhary
                                 Mr. Vipul Dharania
                                 Mr. Vikram Choudhary

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

03/01/2023

Heard learned counsel for the parties.

(3 of 6)

Since all the writ petitions involve common question of law

and arise out of the similar orders passed by the respondents,

therefore, they are being heard and decided by this common

judgment.

The present writ petitions have been filed against the orders

passed by the respondents for recovery of an amount of

Rs.1,50,000/- from the petitioners for accepting their resignation.

Brief facts giving rise to the present writ petitions are that

the petitioners were appointed on the post of Commercial

Assistant-II in the respondent-department in the year 2019. The

terms and conditions of the appointment order contain a Clause

that if the probationer trainees are not desirous to continue the

service with the respondents for a period exceeding two years and

if they tender resignation, then they will have to refund the

expenses incurred by the respondents on their training etc. The

petitioners were also supposed to refund the entire amount of

remuneration/salary subject to the entire amount to the maximum

of Rs. 1,50,000/-. Since the petitioners tendered their resignation

within a period of two years from the date of joining, therefore,

the respondents have issued letters for the recovery of

Rs.1,50,000/- for accepting their resignation.

Learned counsel for the petitioners submits that such

condition is onerous and they cannot be compelled to pay this

amount. He submits that the writ petitions may kindly be allowed

and their resignation may be accepted without pressing for

recovery of the amount of Rs.1,50,000/-.

Per contra, learned counsel for the respondents submits that

as per the terms and conditions of the offer letter of appointment

itself, it is very clear that in case, the petitioners are not desirous

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of continuing with the services of the respondents, then the

expenses incurred in the training etc. shall have to be refunded

with the upper ceiling of Rs.1,50,000/- and since the petitioners

had received the emoluments more than 1,50,000/-, therefore,

the respondents have rightly issued the letter of payment for

refund of Rs.1,50,000/- upon the petitioners. He, therefore, prays

that the writ petitions presumed by the petitioners may be

dismissed.

Learned counsel has relied upon a judgment rendered in

D.B. Special Appeal (Writ) No. 304/2021 Manisha Devi Vs.

Jaipur Vidyuat Nigam Limited & Anr. decided on 16.04.2021

wherein the Division Bench has held that the condition imposed on

a candidate for submission of a bond is required to adhere to as

the same has been accepted by the petitioners at the time of

securing the job and, therefore, the petitioners are liable to pay

the amount in terms of the bond furnished by them to the

respondents.

I have considered the submission made at the Bar and gone

through the pleadings.

The petitioners have joined the respondent-department in

pursuance of the appointment orders issued in their favour in the

year 2019 on the terms and conditions mentioned therein. For

brevity, the condition No.6 is reproduced as under:-

"6. At the time of joining duties, the above probationer Trainees, shall have to execute a Bond (proforma enclosed as Appendix-A) on Non-judicial stamp paper worth Rs.500/- issued in the name of candidate with the specific purpose of executing bond in favour of JDVVNL, for giving an undertaking that he/she will not leave his/her training/service or resign or take-up another employment during the

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period of Probation-Training as well as within one year after completion of Probation-Training, and also during any other training period as well as after completion of such training within a minimum period of 1 year if such training period is for a period exceeding 3 months but up to 6 months, and within 2 years if it exceeds 6 months. In case he/she violates these provisions, he/she will refund to JDVVNL all emoluments paid to him/her, including the expenses incurred by JdVVNL period, subject to maximum of Rs.1,50,000/-(Rupee One lac fifty thousand) allowances under the relevant regulations and any other amount that may be due to JdVVNL, together with interest @12% per annum from the date of demand to the date of payment inlump- sum."

In pursuance of the condition No. 6, the petitioner have

submitted the bonds which are also placed on record by the

respondents. It is, therefore, clear that the petitioners have

secured the appointment on the terms and conditions mentioned

in their letter and they have also furnished a surety bond in

support of their appointment as per the regulations. The

acceptance of the terms and conditions by the petitioners clearly

goes to show that they were ready and willing to comply with the

terms and conditions of the offer of appointment made by the

respondents. If the petitioners are willing to leave the job of the

respondents, then their resignation were to be accepted on the

condition that they will deposit an amount of Rs.1,50,000/-.