Rajasthan High Court - Jodhpur
Mahendra Dewasi vs State Of Rajasthan (2025:Rj-Jd:47720) on 6 November, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:47720]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 21685/2025
Mahendra Dewasi S/o Shri Lumba Ram, Aged About 25 Years,
Resident Of Village Koselao Sanderao, District Pali (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, Lalkothi,
Jaipur (Raj.)
3. Superintendent Of Police, Pali, District Pali (Raj.)
----Respondents
For Petitioner(s) : Mr. O.P. Sangwa
For Respondent(s) : Mr. Raj Singh Bhati, on behalf of Mr.
Ritu Raj Singh Bhati, GC
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/11/2025
1. Looking to the trifle nature of issue involved in this petition,
learned counsel Mr. Ritu Raj Singh has been directed to accept
notice on behalf of respondent department and to assist the Court.
2. The copy has already been supplied and learned counsel Mr.
Ritu Raj Singh has ably assisted this Court.
3. Heard learned counsel for the parties.
4. In the case of Arun Choudhary & Ors. Vs. State & Ors.,
decided on 08.09.2020 in SBCWP No.5255/2013, a Coordinate
Bench of this Court had ordered that the petitioner's salary be
released if amount of training expense has been deposited by
them. Relevant part of the judgment reads thus:
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"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 the earlier period has been with held by the
respondents, it shall be released within two months
too."
5. It may also be apt to refer another judgment of Co-ordinate
Bench 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
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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 restrained
from recovering the amount of stipend paid to
petitioner during post graduation course."
6. In view of the above, the respondents are restrained from
recovering the salary drawn by the petitioner during his course of
employment with the respondent-Department.
7. 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.
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8. On receipt of the determination of the amount made by the
respondents, the petitioner shall be allowed three months' time to
deposit the same.
9. On deposition of the amount of training expenses by the
petitioner, the respondent-Department shall issue a 'No Objection
Certificate' to the petitioner.
10. The respondent shall relieve the petitioner immediately within
two days.
11. The present petition stands disposed of.
12. The stay application also stands disposed of accordingly.
(FARJAND ALI),J
203-Pramod/-
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