Rajasthan High Court - Jodhpur
Sharvan Kumar vs State Of Rajasthan (2025:Rj-Jd:2090) on 13 January, 2025
[2025:RJ-JD:2090]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16560/2023
Sharvan Kumar S/o Sh. Pelad Ram, Aged About 28 Years,
Resident Of Village Deora, Tehsil Chitalwana, District Sanchore.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Home, Government Of Rajasthan, Jaipur.
2. Director General Of Police, Rajasthan, Jaipur.
3. Superintendent Of Police, District Jalore.
4. Director, Secondary Education, Rajasthan, Bikaner.
5. Joint Director (School Education), Department Of
Secondary Education, Pali.
----Respondents
For Petitioner(s) : Mr. Hapu Ram.
For Respondent(s) : Mr. Raj Singh Bhati on behalf of
Mr. Ritu Raj Singh Bhati, Govt.
Counsel.
Mr. Sandeep Soni on behalf of
Mr. B.L. Bhati, AAG.
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
13/01/2025
1. The petitioner herein seeks a direction to the respondents to
relieve him from the post of Constable to join on the post of
Lecturer School Education in Political Science Subject pursuant to
his appointment letter dated 07.10.2023 (Annex.3) without
insisting for payment of training expenses/salary.
2. Brief facts first. On 28.09.2018, the petitioner came to be
appointed on the post of Constable by the Superintendent of
Police, Jalore.
[2025:RJ-JD:2090] (2 of 4) [CW-16560/2023]
2.1. It is relevant to mention that after completion of two years'
mandatory probation period, the respondent Department had
regularized the services of the petitioner.
2.2. On 28.04.2022, the Rajasthan Public Service Commission,
Ajmer had issued an advertisement No. 02/2022-23 whereby the
applications were invited on the post of Lecturer School Education
in various different subject from the eligible candidates. The
petitioner applied for the said post and appeared in the written
examination.
2.3. The RPSC had announced the result of the written
examination, and thereafter, the petitioner was called for
document verification. Ultimately, the Director had issued an
appointment order dated 07.10.2023, the petitioner was
appointed as Lecturer School Education and posted at the
Government Senior Secondary School, Sevdi.
2.3. As the petitioner was working as a Constable in Rajasthan
Police, the petitioner submitted an application on 09.10.2023
before the respondent SP, Jalore, requesting to be relieved from
the present post so that he could join the newly appointed post.
However, the respondent authorities did not accept the petitioner's
application and did not relieve him.
2.4. The petitioner is already working as a Constable in Jalore and
has submitted am application before the respondent authorities,
requesting to be relieved from the present post so that he can join
the newly appointed post. However, the respondent authorities are
not relieving the petitioner and are pressuring and compelling him
to resign from the post and deposit training expenses. Hence this
petition.
[2025:RJ-JD:2090] (3 of 4) [CW-16560/2023]
3. In the aforesaid backdrop, I have learned counsel for the
petitioner as well as learned counsel for the respondents and have
gone through the case file.
4. At the very outset, learned counsel for the respondents
submits that the petitioner was relieved from the police
department.
5. Learned counsel for the petitioner submits that although the
petitioner was relieved, the respondents recovered training
expenses and his salary for the period he worked in the
department. Therefore, he is confining his prayer solely to the
request that the respondents refund the salary recovered from
him upon his resignation from the post of Constable.
6. First and foremost, my attention has been drawn to a
judgment rendered in Arun Choudhary Vs. State of Rajasthan
& Ors. (S.B. Civil Writ Petition No.5255/2013) decided on
19.02.2016 passed by a Coordinate Bench of this Court. Relevant
of the same is reproduced hereinbelow:
"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
[2025:RJ-JD:2090] (4 of 4) [CW-16560/2023]
under the head of training expenses, the same is liable to be
refunded to the petitioners within two months. If the salary for
the earlier period has been with held by the respondents, it
shall be released within two months too."
7. Apropos, on a Court query posed to learned counsel for the
petitioner that if the petitioner is willing to forego his claim qua
the amount of training expenses incurred by him, learned counsel
for the petitioner states that he has instructions from the
petitioner that he shall not stake his claim on the training
expenses if the rest of the salary is refunded to him.
8. In the premise, I see no reason as to why the benefit of
judgment / order in Arun Choudhary, ibid, be also not accorded
to the petitioner.
9. Accordingly, the petition is allowed. The respondents are
directed to refund the excess amount recovered from his
salary/allowances and/or refund rest of his salary after retaining
training expenses incurred by petitioner, within a period of eight
weeks from the date the petitioner approaches the respondents
with a web-print of the instant order.
10. Pending application(s), if any, stand disposed of.
(ARUN MONGA),J
40-Mohan/-
Whether Fit for Reporting - Yes / No
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