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The State Of Rajasthan vs Ganesh Lal Ninama ...
2025 Latest Caselaw 6143 Raj

Citation : 2025 Latest Caselaw 6143 Raj
Judgement Date : 12 August, 2025

Rajasthan High Court - Jodhpur

The State Of Rajasthan vs Ganesh Lal Ninama ... on 12 August, 2025

Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:35893-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  D.B. Spl. Appl. Writ No. 6/2022

1.       State Of Rajasthan, Through Its Secretary, Department Of
         Home, Government Of Rajasthan, Secretariat, Jaipur
         (Raj.).
2.       The Director General Of Police, Jaipur (Raj.).
3.       The Commandant, Mbc, Headquarter Banswara, Dist
         Banswara (Rajasthan).
                                                                     ----Appellants
                                       Versus
Dhanpal Barjod S/o Devchand Barjod, Aged About 28 Years,
Village Barjadiya, District Banswara (Raj).
                                                                    ----Respondent
                               Connected With
                D.B. Spl. Appl. Writ No. 711/2021
1.       The State Of Rajasthan, Through                            Its   Secretary,
         Department Of Home, Government                             Of    Rajasthan,
         Secretariat, Jaipur (Raj.).
2.       The Director General Of Police, Jaipur (Raj.).
3.       The Commandant, Mbc, Headquarter Banswara, Dist-
         Banswara (Rajasthan).
                                                                     ----Appellants
                                       Versus
Ganesh Lal Ninama S/o Shri Kacharaji, Aged About 31 Years,
Resident Of Village- 39, Adiwasi Mohalla, Metwala, District-
Banswara (Raj.)
                                                                    ----Respondent
                D.B. Spl. Appl. Writ No. 715/2021
1.       State Of Rajasthan, Through Secretary, Department Of
         Home, Government Of Rajasthan, Secretariat, Jaipur
         (Raj.).
2.       The Director General Of Police, Jaipur, Rajasthan.
3.       The Superintendent Of                  Police,      Chittorgarh,    District
         Chittorgarh, Rajasthan.
4.       The Director, Elementary Education, Bikaner, Rajasthan.
5.       The Chief Executive Officer, Zila Parishad, Chittorgarh,
         District Chittorgarh, Rajasthan.
6.       The Chief Executive Officer, Zila Parishad, Udaipur, District
         Udaipur, Rajasthan.


                        (Downloaded on 12/08/2025 at 09:54:44 PM)
 [2025:RJ-JD:35893-DB]                   (2 of 5)                          [SAW-6/2022]


7.       The Chief Executive Officer, Zila Parishad, Barmer, District
         Barmer, Rajasthan.
8.       The District Education Officer, Elementary Education,
         Chittorgarh, District Chittorgarh, Rajasthan.
9.       The District Education Officer, Elementary Education,
         Udaipur, District Udaipur, Rajasthan.
10.      The District Education Officer, Elementary Education,
         Barmer, District Barmer, Rajasthan.
                                                                      ----Appellants
                                       Versus
1.       Heera Lal Gayri S/o Shri Valji Gayri, Aged About 31 Years,
         R/o Village Limdi, Post Gothdr, Tehsil Aspur, District
         Dungarpur, Rajasthan.
2.       Rajendra Kumar Bharti S/o Shri Chandimal Bharti, R/o
         Village And Post Dantaramgarh, Sikar, District Sikar,
         Rajasthan.
3.       Jogaram S/o Shri Kesaram Bhambhu, R/o Village
         Bhambhuon Ka Talla, Post Adel, Via Singhary, District
         Barmer, Rajasthan.
                                                                    ----Respondents
                 D.B. Spl. Appl. Writ No. 25/2022
1.       The State Of Rajasthan, Through                            Its   Secretary,
         Department Of Home, Government                             Of    Rajasthan,
         Secretariat, Jaipur (Raj.).
2.       The Director General Of Police, Jaipur (Raj.).
3.       The Commandant, Mbc, Headquarter,l Banswara, Dist-
         Banswara (Rajasthan).
                                                                      ----Appellants
                                       Versus
Bhur Chand Dodiyar S/o Shri Devaji Dodiyar, Aged About 32
Years, Resident Of Village- Ward No. 09, Nathapura Khurd,
Palaswani, District-Banswara (Raj.).
                                                                    ----Respondent


                D.B. Spl. Appl. Writ No. 774/2022
1.       State Of Rajasthan, Through The Secretary Department
         Of Home Affairs Secretariat Jaipur Raj.
2.       Director General Of Police, Headquarter Rajasthan Police
         Jaipur, Rajasthan
3.       Superintendent Of Police, Banswara Raj.


                        (Downloaded on 12/08/2025 at 09:54:44 PM)
 [2025:RJ-JD:35893-DB]                   (3 of 5)                              [SAW-6/2022]


                                                                        ----Appellants
                                       Versus
Nirmala Kumari D/o Keshav Patidar W/o Naresh Chandra Patidar,
Aged About 33 Years, Vill. Patidar Mohalla Moti Bassi Dist.
Banswara Raj.
                                                                       ----Respondent
                D.B. Spl. Appl. Writ No. 989/2022
1.       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, Pali Rajasthan
                                                                        ----Appellants
                                       Versus
Bhuvanesh Kumar S/o Shri Govind Ram, Aged About 25 Years,
Resident Of Village Siryari Tehsil Marwar Junction District Pali Raj
                                                                       ----Respondent


For Appellant(s)             :     Mr. Sandeep Soni & Mr. Sukhdev
                                   Sharma for Mr. B. L. Bhati, AAG
For Respondent(s)            :     Mr. O. P. Sangwa
                                   Mr. Bheru Lal Jat.



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE ANUROOP SINGHI

Judgment/Order

12/08/2025

1. Learned counsel for the appellants submits that the issue

raised in the present appeals is squarely covered by the judgment

rendered by this Court in State of Rajasthan & Ors. Vs. Vinod

Kumar Meena & Anr. (D.B. Special Appeal

WritNo.61/2024), decided along with other connected matters

on 05.04.2024 and, therefore, prayed that similar order may also

be passed in the case at hand.

[2025:RJ-JD:35893-DB] (4 of 5) [SAW-6/2022]

2.1. In the case of Vinod Kumar Meena (supra), this Court passed

the following order:-

"At the outset learned counsel for the respondents-writ petitioners would submit that in their case, the writ petitions have been allowed to the extent of payment of salary without including the amount of training expenses and, therefore, their case is squarely covered by order dated 13.12.2016 passed by the Division Bench of this Court in D.B. Special Appeal (Writ) No. 744/2016 [State of Rajasthan & Ors. Vs. Jagdish & Ors.].

2. Learned senior counsel for the State could not point out any distinction on facts insofar as the present batch of appeals is concerned. He would submit that the order dated 13.12.2016, referred to above, grants limited relief only to the extent of entitlement of salary. Drawing attention of this Court to the relevant paras of the aforesaid order, he would submit that it has been clearly held that recovery has to be confined only to the expenses incurred on training. Meaning thereby, the training expenses are required to be refunded.

3. Having heard learned counsel for the parties and having perused the order dated 13.12.2016 passed in the case of Jagdish (supra), we find that in the aforesaid decision, the Division Bench of this Court, after thoroughly examining the provisions of the applicable rules and the facts of the case, came to the conclusion that as far as the salary part is concerned, the petitioners are entitled to salary for the period they were in service. However, as far as the expenses incurred on training is concerned, that is liable to be paid to the employer.

4. In the present case, the respondents, vide impugned order passed by the learned Single Judge, have been granted only salary part and there is no order protecting them from recovery against expenses incurred on training. That being the legal and factual position, the issue raised in this batch of appeals is squarely covered by order dated 13.12.2016 passed in the case of Jagdish(supra).

5. Accordingly, the State appeals are liable to be dismissed and are accordingly dismissed."

[2025:RJ-JD:35893-DB] (5 of 5) [SAW-6/2022]

3. In view of the such submission, the present appeals are

dismissed with similar directions as given in the case of Vinod

Kumar Meena (supra).

4. All pending applications stand disposed of.

(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J

28-33-SunilS/Anil Singh/-

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