The Court allowed the writ petition relying on a coordinate bench order. It directed the State respondents to refund the training expenses amount due to the petitioner within four weeks of the certified copy of this order.
The State respondents directed to refund the amount due to the petitioner within four weeks from the date of this order.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1195 / 2018
Sahdev Kumar S/o Hari Singh, Aged About 33 Years, R/o VPO Netewala, Tehsil & District Sriganganagar, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rm Pratap Saini
For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
16/01/2018
Learned counsel for the petitioner are not in dispute on the proposition that identical controversy stands resolved in view of the adjudication by a Coordinate Bench of this Court in the case of Arun Choudhary & Ors. Vs. State & Ors. :SBCWP No.5255/2013, decided along with analogous matters, on 11th August, 2014, observing 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 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
(2 of 2)
[CW-1195/2018]
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 withheld by the respondents, it shall be released within two months too.
The writ petition are disposed of accordingly.”
Learned counsel for the petitioner further submits that the Staterespondents have not assailed the adjudication in the case of Arun Choudhary & Ors. (supra), any further, as would be evident from the compliance order dated 19th June, 2015 (Annexure-5), which reflects repayment of the recovered amount from the candidates, with reference to salary and other benefits.
In view of the above, the instant writ application stands allowed in terms of the order in the case of Arun Choudhary & Ors. (supra).
The State-respondents would do the needful to refund the amount due to the petitioner, within four weeks, from the date a certified copy of this order is presented.
(VEERENDR SINGH SIRADHANA)J.
Pooja/191
2 issues framed by the court
Whether the instant writ petition should be disposed of in light of the identical controversy resolved in Arun Choudhary & Ors. Vs. State & Ors.
Whether the state respondents should refund the amount due to the petitioner in compliance with the coordinate bench order.
Colour shows how this judgement treated each authority
Arun Choudhary & Ors. Vs. State & Ors.Followed¶15
Arun Choudhary & Ors. Vs. State & Ors. : SBCWP No.5255/2013
Sahdev Kumar
State of Rajasthan Through Secretary, Home Department
Director General of Police
Deputy Commissioner of Police
Veerendr Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
