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Sohel Solanki vs State Of Rajasthan
2025 Latest Caselaw 4875 Raj

Citation : 2025 Latest Caselaw 4875 Raj
Judgement Date : 20 January, 2025

Rajasthan High Court - Jodhpur

Sohel Solanki vs State Of Rajasthan on 20 January, 2025

Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:977-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                      D.B. Spl. Appl. Writ No. 175/2024

1.       Praveen       Singh     Shekhawat          S/o     Shri      Shravan   Singh
         Shekhawat, Aged About 35 Years, Ward No 9 Shekhawat
         Colony, Bagar, District Jhunjhunu At Present Working At
         Dungarpur Medical College, Dungarpur.
2.       Dr. Navneet Singh S/o Shri Vikam Singh Shekhawat, Aged
         About 32 Years, 202 Kb House, Pratap Nagar, 100 Feet
         Road Dungarpur.
3.       Dr. Tara Chand S/o Shri Narottam Singh, Aged About 31
         Years, House No. 276, Pratap Nagar, Dungarpur.
4.       Dr. Ritul Rathore S/o Shri Prempal Singh Rathore, Aged
         About 30 Years, 202, Kb House, Pratap Nagar, 100 Feet
         Road, Dungarpur.
5.       Dr. Brijesh Kumar Baranda S/o Shri Ratanlal Baranda,
         Aged About 36 Years, 2Nd Floor, Parswa Medical Store,
         Near Pratap Chowk, Hospital Road, Dungarpur.
6.       Dr. Pappu Lal Salvi S/o Shri Mohan Lal Salvi, Aged About
         29 Years, Gautam Lal Kharadi, Radhika Sadan New
         Colony, Dungarpur.
7.       Dr. Ishaan Kalvatia S/o Shri Hemraj Kalavatia, Aged
         About 29 Years, Sohan Lalji Jain Gandhi Aasharam Near
         Pangtanjali Hospital, Udaipur Road, Dungarpur.
8.       Dr. Mohammed Khushnood S/o Late N.b. Nalamawar,
         Aged About 33 Years, A 33 Shastri Nagar, Dungarpur.
9.       Dr. Ajay M. Nalamwar S/o Late M.b. Nalamwar, Aged
         About 34 Years, Quarter No. 5, Government Faculty
         Quarter, Thana Dungarpur.
10.      Dr. Radheshyam Jat S/o Shri Shaitan Singh Chouwdhary,
         Aged About 34 Years, Jhalara Kui Dhani Jatipura Chomu
         At Present Dungarpur.
11.      Dr. Kavita Arya D/o Shri Shriram Arya, Aged About 30
         Years, Shivaji Nagar, Dungarpur.
                                                                        ----Appellants
                                       Versus
1.       State Of Rajasthan, Through Secretary, Medical Education
         Department, Govt. Of Rajasthan, Secretariat, Jaipur.
2.       Directorate      Of     Medical       Education,           Chikitsa   Shiksha

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         Bhawan, Govind Marg, Jaipur.
3.       The    Additional       Director        (Administration)         And    Joint
         Secretary,      Coordinator,         Rajasthan         Medical     Education
         Society, Chikitsa Shiksha Bhawan, Govind Marg, Jaipur.
4.       Rajasthan Medical Education Society (Rajmes), Chikitsa
         Shiksha Bhawan, Govind Marg, Jaipur.
5.       The Coordinator, Rajasthan Medical Education Society
         (Rajmes), Chikitsa Shiksha Bhawan, Govind Marg, Jaipur.
6.       The   Principal       And      Controller,        Medical    College     And
         Associated Group Of Hospitals, Dungarpur.
                                                                    ----Respondents
                                 Connected With
                      D.B. Spl. Appl. Writ No. 141/2024
1.       Sohel Solanki S/o Shri Abdul Rasheed Solanki, Aged
         About 38 Years, R/o Chaniya Kirana Store, Near Nehru
         Yuva Kendra, Barmer.
2.       Dr. Mukesh Fulwaria S/o Shri Bhanwar Lal Fulwaria, Aged
         About 40 Years, R/o Barmer Medical College, Barmer.
3.       Dr. Aradhana Devi W/o Shri Dr. Anil Shishodiya, Aged
         About 37 Years, R/o Navjeewan Ke Pass, Laxmipura,
         Barmer.
4.       Dr. Vandana Sharma W/o Dr. Kamlesh Kumar Sharma,
         Aged About 42 Years, R/o 302, Aakansha Apartment,
         Sector 4, Vidhyadhar Nagar, Jaipur At Present Barmer
         Medical College, Barmer.
5.       Dr. Ghanshyam Gehlot S/o Shri Bhika Ram Gehlot, Aged
         About 35 Years, R/o Under Chaibili Ghati Near Neem Ka
         Gatta, Bikaner At Present Barmer.
6.       Dr. Motilal Khatri D/o Shri R.l. Khatri, Aged About 43
         Years, R/o Khatri Street, Khatriyon Ka Michla Bas,
         Barmer.
7.       Dr. Sweta Amarneel D/o Mr. Amrendra Kumar, Aged About
         37 Years, R/o B/4/8 Rajwest Colony, Shivkar Road,
         Barmer.
                                                                      ----Appellants
                                       Versus
1.       State Of Rajasthan, Through Secretary Medical Education


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         Department Govt Of Rajasthan Secretariat Jaipur
2.       Directorate      Of     Medical       Education,           Chikitsa    Shiksha
         Bhawan, Govind Marg, Jaipur
3.       The    Additional       Director        (Administration)          And     Joint
         Secretary,      Coordinator,         Rajasthan         Medical        Education
         Society, Chikitsa Shiksha Bhawan, Govind Marg, Jaipur
4.       Rajasthan Medical Education Society (Rajmes), Chikitsa
         Shiksha Bhawan, Govind Marg, Jaipur
5.       The Coordinator, Rajasthan Medical Education Society
         (Rajmes), Chikitsa Shiksha Bhawan, Govind Marg, Jaipur
6.       The   Principal       And      Controller,        Medical      College     And
         Associated Group Of Hospitals, Dungarpur.
                                                                     ----Respondents
                      D.B. Spl. Appl. Writ No. 163/2024
1.       Jeetendra Yogi S/o Rati Ram Yogi, Aged About 35 Years,
         R/o 81 Housing Board Vistar, Dungarpur.
2.       Dr. Arvind Kumar S/o Shri Ramesh Chand Goyal, Aged
         About 41 Years, R/o Chetan Das, 8/46, Housing Board,
         Dungarpur.
3.       Dr. Jignesh Kumar S/o Shri Mishri Mal, Aged About 37
         Years, R/o Kachrulal Jain, Sf71, Shivji Nagar, Housing
         Board, Dungarpur.
4.       Dr. Rajesh Roat S/o Shri Shiv Ram Roat, Aged About 39
         Years, R/o Plot No. 17, Pratap Nagar, Dungarpur.
5.       Dr. Mamta Damor S/o Shri Kal Singh Damor, Aged About
         36 Years, R/o Plot No. 17, Pratap Nagar, Dungarpur.
6.       Dr. Prabhash Bhavsar S/o Shri Harirar Prasad, Aged About
         38 Years, R/o Karulal Jain, Gokuldham Society, Near
         Vardaan Kidzee School, Dungarpur.
7.       Dr. Arihant Tater S/o Shri Madan Tater, Aged About 34
         Years, R/o Near Garh, Ratangarh, District Churu At
         Present Dungarpur.
8.       Dr. Priya Vijay Kumar Gameti D/o Shri Vijay Kumar
         Gameti, Aged About 33 Years, R/o 299 C/o Kesari Mal
         Jain, Opposite 132 Kv Power House, Dungarpur.
9.       Dr. Mala Jain D/o Shri Virendra Jain, Aged About 35
         Years, R/o House Number 360, Near Pratap Circle
         Hospital Road, Dungarpur.

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10.      Dr. Ankit Gupta S/o Shri Mahesh Kumar Gupta, Aged
         About 35 Years, R/o 3/21 New Colony Towards Police
         Line, Dungarpur.
11.      Dr. Charita Meena D/o Shri Surendra Meena, Aged About
         42 Years, R/o H. No. 1/j/17, Bramsthali Colony, Rajasthan
         Baord Extension Scheme, Dungarpur.
12.      Dr. Vijay Kumar Meena S/o Shri Nand Lal Meena, Aged
         About 40 Years, R/o Vardhanman Medical, New Hospital
         Road, Dungarpur.
13.      Dr. Gunvanti Meena W/o Shri Hari Narain Meena, Aged
         About 38 Years, R/o Vardhanman Medical, New Hospital
         Road, Dungarpur.
                                                                       ----Appellants
                                       Versus
1.       State Of Rajasthan, Through Secretary Medical Education
         Department Govt Of Rajasthan Secretraiat Jaipur
2.       Directorate      Of     Medical        Education,          Chikita    Shiksha
         Bahwan, Govind Marg, Jaipur.
3.       The    Additional       Director        (Administration)         And     Joint
         Secretary,      Coordinator,         Rajasthan         Medical       Education
         Society, Chikitsa Shiksha Bhawan, Govind Marg, Jaipur.
4.       Rajasthan Medical Education Society (Rajmes), Chikitsa
         Shiksha Bhawan, Govind Marg, Jaipur.
5.       The Coordinator, Rajasthan Medical Education Society
         (Rahmes), Chikitsa Shiksha Bhawan, Govind Marg, Jaipur.
6.       The   Principal       And      Controller,        Medical     College     And
         Associated Group Of Hospitals, Dungarpur.
                                                                    ----Respondents
                      D.B. Spl. Appl. Writ No. 173/2024
1.       Prahlad Kalwan S/o Shri Sita Ram Kalwan, Aged About 43
         Years, Aj-23/24, Mahaveer Nagar Barmer.
2.       Dr. Mahendra Kumar Choudhary S/o Shri Nawla Ram,
         Aged About 44 Years, Rajeev Nagar, Sindhari Choraya,
         Barmer.
3.       Dr. Ram Kumar Singhal S/o Shri Kedar Nath Singhal,
         Aged About 41 Years, Beriyon Ka Bas, Near Bachpan
         School, Raj Colony, Barmer.


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4.       Dr. Anil Kumar Sethiya S/o Shri Prakash Chandra Sethiya,
         Aged About 45 Years, New Ganpati Market, Barmer.
5.       Dr. Pratap Tanwar S/o Shri Ratan, Aged About 36 Years,
         397, Agarsen Nagar, Sri Ganganagar.
6.       Dr. Girish Chandra Baniya S/o Shri Panna Ram Baniya,
         Aged About 43 Years, Near Income Tax Colony, Mahaveer
         Nagar, Barmer.
7.       Dr. Garima Gupta D/o Shri Ashok Kumar Gupta, Aged
         About 38 Years, 2/ba/15, Near Ganesh Choraya, Pratap
         Nagar, Jodhpur.
8.       Dr. Anshul Sharma S/o Shri Prakash Sharma, Aged About
         43 Years, Behind Hutch Tower, Mahaveer Nagar, Barmer.
9.       Dr. Madan Kumar Solanki S/o Shri Pyare Lal Solanki, Aged
         About 35 Years, Ad/12/jeengar Mohalla, Mahaveer Nagar,
         Barmer.
10.      Dr. Neha Garg D/o Shri H.s. Garg, Aged About 36 Years,
         Vijay Vitta, Behind New Jewan Hospital, Ray Colony,
         Barmer.
11.      Dr. Pooja Arya W/o Dr. Vikash, Aged About 39 Years, A/9,
         K.k. Colony, Bikaner At Present Barmer.
12.      Dr. Ganeshee Lal Sharma S/o Shri Ram Dayal Sharma,
         Aged About 40 Years, Ward No. 14, Roopa Devi School,
         Dungarpur, Bikaner At Present Barmer.
13.      Dr. Manish Choudhary S/o Shri Ghisa Ram Choudhary,
         Aged About 38 Years, Kawaro Bhanwaro Ka Bas, Badhar
         Chowk, Bilara, Jodhpur At Present Barmer.
14.      Dr. Vikram Singh S/o Shri Bhagwat Singh, Aged About 35
         Years, Bharatpur At Present Barmer Medical College,
         Barmer.
15.      Dr. Dimple Shakeet W/o Dr. Manish Chinia, Aged About 39
         Years, Behind Saraf Well, Near Airfail Tower Ke Pass,
         Ratangarh, Churu.
16.      Dr. Alka Luniya D/o Dr. Bhikam Chand Luniya And W/o Dr.
         Pawan Dhariwal, Aged About 36 Years, Teliyon Ka Nichla
         Bas, Mal Godawan Road, Barmer.
                                                                  ----Appellants
                                     Versus
1.       State Of Rajasthan, Through Secretary Medical Education

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         Department Govt Of Rajasthan Secretariat Jaipur
2.       Directorate     Of        Medical     Education,          Chikitsa    Shiksha
         Bhawan, Govind Marg, Jaipur.
3.       The    Additional         Director     (Administration)          And     Joint
         Secretary,     Coordinator,          Rajasthan        Medical        Education
         Society, Chikitsa Shiksha Bhawan, Govind Marg, Jaipur.
4.       Rajasthan Medical Education Society (Rajmes), Chikitsa
         Shiksha Bhawan, Govind Marg, Jaipur.
5.       The Coordinator, Rajasthan Medical Education Society
         (Rajmes), Chikitsa Shiksha Bhawan, Govind Marg, Jaipur.
6.       The   Principal          And   Controller,       Medical      College     And
         Associated Group Of Hospitals, Dungarpur.
                                                                    ----Respondents


For Appellant(s)              :     Dr. Harish Kumar Purohit
For Respondent(s)             :     Mr. Narendra Singh Rajpurohit, AAG
                                    assisted by Ms. Anita Rajpurohit



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Judgment

Reserved on 07/01/2025 Pronounced on 20/01/2025

Per Dr. Pushpendra Singh Bhati, J:

1. The present Special Appeals have been preferred by the

appellants (writ petitioners) laying a challenge to the order dated

04.10.2023 passed by the learned Single Judge of this Hon'ble

Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.

4595/2020 (Dr. Praveen Singh Shekhawat & Ors. Vs State of

Rajasthan & Ors.).

[2025:RJ-JD:977-DB] (7 of 16) [SAW-175/2024]

2. The impugned order was passed, dismissing the writ

petitions preferred by the appellants (writ petitioners), impugning

the order dated 27.06.2019 [as reflected from the prayer clause of

the writ petition(s)], pursuant to which the respondent

department sought recovery of the remote area allowance granted

to the probation trainees. Furthermore, as per the impugned order

passed by the learned Single Judge of this Hon'ble Court, the writ

petitioners also laid a challenge to the office order dated

14.05.2020, whereby the reduction in the salaries of the writ

petitioners was made as well as the office order dated

29.05.2020, whereby the excess amount of salary paid to the writ

petitioners was ordered to be recovered in four equal quarterly

installments from their future salary.

3. As against the order issued by the Finance Department in

question, the case of appellants (writ petitioners) as represented

by Dr. Harish Kumar Purohit, learned counsel for the appellants, is

that the appellants (writ petitioners) were employed as Senior

Demonstrators and Assistant Professors in the respondent

department and are posted at Government Medical College,

Dungarpur. Their employment is governed by the provisions of the

Rajasthan Medical Education Society Jaipur Personnel's

(Recruitment and Other Conditions) Employment Rules, 2017

(hereinafter referred to as 'Rules of 2017'), which are the bye-

laws framed by the Rajasthan Medical Education Society, Jaipur,

Rajasthan.

[2025:RJ-JD:977-DB] (8 of 16) [SAW-175/2024]

3.1. The appellants (writ petitioners), since their appointment as

Assistant Professors and Senior Demonstrators, were receiving a

salary along with a Remote Area Allowance. This allowance was

extended to them in accordance with the notification dated

08.03.2018, ensuring parity with other employees who were

similarly entitled to the benefit.

3.2. By order dated 27.06.2019, the respondent department,

without providing the appellants (writ petitioners) an opportunity

of being heard, issued a letter stating that, as per Schedule V of

the Rules of 2017, they are probationer/trainees and therefore not

entitled to receive the Remote Area Allowance.

3.3. Aggrieved by the order dated 27.06.2019, the appellants

(writ petitioners) preferred S.B. Civil Writ Petition No. 12538/2019

before this Hon'ble Court. The Court, by an interim order, stayed

the effect and operation of the impugned order in favor of the

petitioners/appellants. Notably, following the stay on the order

dated 27.06.2019, the appellants (writ petitioners) continued to

receive the Remote Area Allowance, except for the month of July,

2019.

3.4. Subsequently, the matter was heard by the learned Single

Judge of this Hon'ble Court, and vide the impugned order dated

04.10.2023, the writ petition, along with other connected matters,

were dismissed. Hence, the present special appeals have been

preferred by the appellants (writ petitioners).

4. Dr. Harish Kumar Purohit, learned counsel appearing for the

appellants submitted that the order dated 27.06.2019/10.05.2019

[2025:RJ-JD:977-DB] (9 of 16) [SAW-175/2024]

issued by the Finance Department, clarifying the position

regarding remote area allowances being not admissible to the

probation trainees like the present appellants, cannot be deemed

valid unless supported by an amendment to the corresponding

rules. Furthermore, even if the contents of the order dated

27.06.2019 are presumed to be correct, without conceding the

same, its applicability would only be prospective. Consequently,

any payments made prior to the issuance of the clarification dated

27.06.2019 cannot be considered unlawful and thus cannot be

recovered.

4.1. Learned counsel further submitted that the respondent

authorities have failed to provide any justification for withholding

the remote area allowance from the appellant and/or seeking to

recover the allowance already paid, from the appellants, and have

thereby adopted an arbitrary and discriminatory approach in the

matter. This is particularly untenable given that no distinction

exists between probationer trainees and regular employees with

respect to the performance of duties in remote areas.

4.1.1. In support of such submissions, learned counsel relied

upon the judgment rendered by a Division Bench of this Hon'ble

Court in the case of Gopal Kumawat vs. State of Rajasthan &

Ors. (D.B. Civil Writ Petition No. 2963/2007, decided on

29.07.2015).

4.2. Learned counsel also submitted that the appellants are

entitled to the remote area allowance as explicitly provided under

Rule 29 of the Rules of 2017. The said rule contains no restriction

[2025:RJ-JD:977-DB] (10 of 16) [SAW-175/2024]

or prohibition that would preclude the appellants from asserting

their entitlement to the allowance.

4.3. Learned counsel further submitted that the respondent

department has exhibited disparity by granting the remote area

allowance to individuals holding the posts of Professor and

Associate Professor while simultaneously denying the same benefit

to the appellants during the period of probation, thereby creating

a class within class. He further contended that while the teaching

staff, including Professors, Deans, Superintendents, Additional

Superintendents, and others, are remunerated in accordance with

Schedule VI of the Rules of 2017, the appellants, serving as

Assistant Professors and Senior Demonstrators, are receiving a

consolidated salary as prescribed under Schedule V, which is not

permissible under the law.

4.4. Learned counsel further submitted that the respondent

authorities failed to afford the petitioners an opportunity of

hearing before disallowing the said allowance and/or recovering

the amount thereof already paid to them.

5. Per contra, Mr. Narendra Singh Rajpurohit, AAG assisted by

Ms. Anita Rajpurohit, appearing on behalf of the respondents

vehemently opposed the aforementioned submissions made on

behalf of the appellants and emphatically supported the impugned

order.

5.1. It was submitted that appellants (writ petitioners) posted as

the Assistant Professors and Senior Demonstrators, were fully

cognizant of their status as probational-trainees under the

[2025:RJ-JD:977-DB] (11 of 16) [SAW-175/2024]

provisions of the Rules of 2017 and the emoluments they were

entitled to. Consequently, any excess amount erroneously

disbursed to them cannot confer upon them a legitimate right to

retain such payments.

5.2. It was further contended that regarding the issue of

providing an opportunity of hearing to the appellants, the house

rent allowance and remote area allowance were disbursed

erroneously and in contravention of the provisions of the Rules of

2017. As such, the respondents were within their rights to recover

the said amounts without issuing prior notice to the petitioners

and in the given circumstances, grant of such prior opportunity to

the appellants, would have made no difference.

5.3. Learned Counsel also submitted that Schedule V, in

conjunction with Rule 29 of the Rules of 2017, was designed to

establish uniform fixed remuneration for probationer-trainees

across various categories, including teaching and non-teaching

staff. The respondent department has not engaged in any

discriminatory practices, as regular employees, upon successful

completion of their probationary period, receive emoluments in

accordance with Schedules VI and VII, as prescribed under Rule

32(1) and Rule 32(2), respectively.

6. Heard learned counsel for the parties as well as perused the

record of the case along with the judgment cited at the Bar.

7. This Court observes that the appellants (writ petitioners),

appointed as Assistant Professors and Senior Demonstrators

pursuant to the Rules of 2017, were granted the remote area

[2025:RJ-JD:977-DB] (12 of 16) [SAW-175/2024]

allowance by the respondent department in accordance with the

order dated 08.03.2018. However, through the subsequent order

dated 27.06.2019, the respondents asserted that the

petitioners/appellants, being probationers governed by Schedule V

of the Rules of 2017 until the completion of their probation period,

are not entitled to receive the remote area allowance.

8. This Court further observes that it is an uncontested fact that

the appellants were cognizant of the employment conditions

outlined under the Rules of 2017, which governed their initial

engagement for a probationary period of one year, as specified in

the proviso to Rule 29. Upon successful completion of the

probationary period, the appellants were to receive remuneration

determined in accordance with Schedule VI and Schedule VII, as

provided under Rule 32(1) and Rule 32(2) of the Rules of 2017,

respectively.

8.1. Upon a meticulous examination of the relevant provisions of

the Rules of 2017, this Court observes that three teaching posts,

namely Assistant Professor, Senior Demonstrator, and Physical

Training Instructor, have been categorized under Schedule V,

alongside various non-teaching posts. It is further noted that

these positions constitute entry-level posts of the teaching staff

and that they necessitate a period of initial training and evaluation

by the respondent department, even subsequent to the selection

process, so to ensure that the candidates are adequately equipped

to perform their duties effectively. This evaluation period is

formalized as a probationary period. Final appointments are made

[2025:RJ-JD:977-DB] (13 of 16) [SAW-175/2024]

only upon the successful completion of this probationary period,

the duration of which varies depending on the specific post.

Noticeably, the respondent department retains discretionary

authority to reject the appointment of candidates who fail to

demonstrate requisite efficiency during their probationary period,

notwithstanding the fulfillment of the initial eligibility criteria for

employment by them.

8.2. This Court is conscious of the judgment of the Hon'ble

Supreme Court in the case of Purshottam Lal Dhingra v. Union

of India, AIR 1958 SC 36, wherein it was held that an

appointment on probation is initially made to mitigate potential

errors in human judgment while selecting suitable candidates for

service. The probation period allows the employer to assess the

employees' performance, including their work quality, efficiency,

sincerity, and competence, in the following words:

"An appointment to a permanent post in government service

on probation means, as in the case of a person appointed by

a private employer, that the servant so appointed is taken

on trial."

8.3. The other teaching posts, excluding the aforementioned

three, are promotional positions generally contingent upon factors

such as the years of experience held by the candidate, the

educational qualification, by virtue of post held and other criteria

which may differ from post to post and thus, a probation period

prior to appointment on these posts is not required.

[2025:RJ-JD:977-DB] (14 of 16) [SAW-175/2024]

8.4. In view of the aforesaid discussion, this Court is of the

opinion that the distinction created by the respondents by keeping

all the probationer-trainees under a common schedule, i.e.,

schedule V, is a reasonable classification. It is undisputed that post

the probation period, the teaching staff including the probationer-

trainees are remunerated as per Schedule VI read with Rule 32(1)

and the non- teaching staff are paid as per Schedule VII read with

Rule 32 (2) of the rules of 2017, as regular employees only upon

successful completion of the probation period and therefore, no

discrimination whatsoever by the respondents, as has been

alleged by the appellants.

8.4.1. This Court further observes that since the distinction in

question is reasonable and legally valid, the respondents' action of

issuing the order dated 27.06.2019 stating that the

petitioners/appellants are not entitled to the remote area

allowance and the same has been erroneously paid to them during

the period of probation, is correct and therefore, recovery of the

amount paid in excess is liable to be recovered by the respondent

department from the future salary of the appellants.

9. Addressing the contention that the respondents ought to

have provided an opportunity of hearing before issuing the

impugned orders, this Court observes that while it is preferable to

grant such an opportunity, particularly when the recovery of the

alleged excess amount impacts the civil rights of the appellants,

the absence of such an opportunity does not alter the legal

position. The excess payment was made inadvertently and is

[2025:RJ-JD:977-DB] (15 of 16) [SAW-175/2024]

explicitly contrary to Rule 29 and Rule 32(6) of the Rules of 2017.

Consequently, the impugned orders cannot be deemed unlawful

solely on the grounds of non-compliance with the principles of

natural justice, as such non-compliance is not fatal to the

respondents' right to recover the erroneously disbursed amounts

from the petitioners/appellants.

10. This Court notes the contention of the appellants that the

respondents cannot reduce the salary of a probationer during the

probation period, as held by the Division Bench of this High Court

in Gopal Kumawat (supra). However, it is observed that the

matter is currently pending before the Hon'ble Supreme Court

with a stay in place, and thus, the said judgment, at this stage,

does not render any assistance to the appellants' case. Moreover,

the Rules challenged in Gopal Kumawat (supra) differ from those

involved in the present case.

11. In light of the aforesaid observations, this Court observes

that the impugned order dated 04.10.2023 passed by the learned

Single Judge of this Hon'ble Court has dealt with the question

raised viz-a-viz the legality of the impugned order dated

27.09.2019 passed by the respondent department, elaborately in

accordance with the settled principles of law governing the field as

well as the facts and circumstances of the case. Thus, the same

requires no interference of this Court.

11.1. Consequently, the present special appeals are dismissed,

and accordingly, the impugned order dated 04.10.2023 passed by

learned Single Judge is upheld. However, it is directed that the

[2025:RJ-JD:977-DB] (16 of 16) [SAW-175/2024]

respondents may recover the excess amount in question from the

future salary of the appellants in equal quarterly installments and

not in lumpsum, while keeping into due consideration that the

same may not cause unforseen financial difficulty to the

appellants. All pending applications stand disposed of.

(MUNNURI LAXMAN),J (DR. PUSHPENDRA SINGH BHATI),J

SKant/-

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