Allowed

Vishram Gurjar Son of Shri Sundaram Gurjar v. State of Rajasthan

Rajasthan HC18 Sept 2021CW/4074/2020

Case brief

AI extract

What is this about?

The H.C. Single Bench allowed the writ petition by following the Arun Choudhary judgment and a co-ordinate Bench decision in Randhir Singh, directing the State to reimburse salaries recovered from petitioners who resigned to join other services.

What did the court decide?

The respondents are directed to reimburse the amount of salary recovered from the petitioners and pay interest at 6% per annum within two months.

Vishram Gurjar Son of Shri Sundaram Gurjar… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4074/2020

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Vishram Gurjar Son Of Shri Sundaram Gurjar, Aged About 27 Years, Resident Of Sirawas, Tehsil Alwar, District Alwar (Raj.)

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Sunil Kumar Son Of Shri Om Prakash, Aged About 28 Years, Resident Of Village Mainpur, Tehsil Mandawar, District Alwar (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Home Secretary, Govt. Secretariat, Jaipur (Raj.)

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The Director General Of Police, Head Quarter, Jaipur (Raj.)

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The Superintendent Of Police, Alwar, District Alwar (Raj.) ----Respondents

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For Petitioner(s) : Ms. Komal Kumari Giri. For Respondent(s) : Mr. P. S. Naruka for Mr. Rupin Kala, G.C.

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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18/09/2021

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Learned counsel for the petitioners submits that the issue raised in the present writ petition is squarely covered by judgment in Arun Choudhary & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 5255/2013 , decided on 11.08.2014.

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Learned counsel for the respondents submits that in an appeal filed against another order, which was passed following the judgment in the case of Arun Choudhary (supra), the Division Bench has stayed the operation of the order and, therefore, hearing on the matter may be deferred.

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Learned counsel for the petitioners submits that in identical circumstances, wherein, similar plea was raised a Co-ordinate

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(2 of 2)

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[CW-4074/2020]

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Bench of this Court in Randhir Singh v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 8907/2021 , decided on 13.09.2021 at Jodhpur, has declined such a prayer and has allowed the petition following the judgment in the case of Arun Choudhary (supra) and, therefore, there is no necessity to wait for the Division Bench judgment.

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In the case of Randhir Singh (supra), a Co-ordinate Bench of this Court inter alia directed as under:

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“5.Having regard to the facts and circumstances of the case and considering that the judgment in case of Arun Choudhary (supra) is holding field since 11.08.2014 and further because the State has implemented the orders passed by this Court and Coordinate Benches following the judgment of Arun Choudhary (supra), I am inclined to follow the judgment passed in the case of Arun Choudhary (supra).

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6.Consequently, the writ petitions filed by the petitioners are allowed, the respondents are directed to forthwith reimburse the amount of salary (excluding the training expenses) that was recovered from the petitioners, who had resigned from Police Department to join other State services. The State shall also be required to pay interest @ 6% per annum from the date of recovery till the date of actual payment. The same be paid within a period of two months from today.

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7.The stay applications also stand disposed of accordingly.

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8.No order as to costs.”

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In view of the order, in the case of Randhir Singh (supra), the petition filed by the petitioners is allowed with the similar directions as given in the case of Randhir Singh (supra).

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(ARUN BHANSALI),J

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167-SACHIN KHUSHWAHA /685

Vishram Gurjar Son of Shri Sundaram Gurjar v. State of Rajasthan

Case brief

What is this about?

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Vishram Gurjar Son of Shri Sundaram Gurjar v. State of Rajasthan

Case brief

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