Rajasthan High Court - Jodhpur
Mahendra Singh vs State Of Rajasthan (2025:Rj-Jd:46487) on 28 October, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:46487]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 20968/2025
Mahendra Singh S/o Shri Gopal Singh, Aged About 29 Years,
Resident Of Village Dhelana, District Jodhpur (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. The Commissioner Of Police, Commissionerate Jodhpur,
(Raj.).
----Respondents
For Petitioner(s) : Mr. OP Sangwa
Mr. Bheru Lal Jat
For Respondent(s) : Mr. Ritu Raj Singh
HON'BLE MR. JUSTICE FARJAND ALI
Order
28/10/2025
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:
"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
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[2025:RJ-JD:46487] (2 of 3) [CW-20968/2025]
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
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.
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[2025:RJ-JD:46487] (3 of 3) [CW-20968/2025]
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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 while making the interim order
absolute, 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.
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
225-chhavi/-
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