Allowed

Ram Gopal Pilania v. State of Rajasthan

Rajasthan HC2 Mar 2022CW/666/2019

Case brief

AI extract

What is this about?

High Court disposed multiple writ petitions concerning recovery of training expenses from Patwaris transferred to higher grade teaching posts. The Court directed respondents to comply with circulars prohibiting recovery in such cases and ordered refund of already recovered amounts within six weeks.

What did the court decide?

Respondents directed to comply with circular dated 14.02.2019; non-recovery of training expenses and refund of already recovered amounts within six weeks.

Ram Gopal Pilania Vs State of Rajasthan — Public Procurement and Tenders | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ Petition No. 2611/2019

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Rahul Patidar S/o Shri Dungar Lal Patidar, Aged About 22 Years, Badgi Chitari, Tehsil- Galiyakore, Distt. Dungarpur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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The District Collector, Banswara.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 15161/2018

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Rohit Kumar S/o Shri Loona Ram, Aged About 24 Years, Resident Of Village Bala Ka Gol, Tehsil Kolayat, District Bikaner, (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Revenue Department, Govt. Of Rajasthan, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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The District Collector (Land Record), Bikaner.

¶19

----Respondents

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S.B. Civil Writ Petition No. 15164/2018

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Hanuman Ram S/o Shri Damma Ram, Aged About 26 Years, Resident Of Village Rawra, Tehsil Bap, District Jodhpur (Rajasthan).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Secretary, Revenue Department, Govt. Of Rajasthan, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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The District Collector (Land Record), Pali.

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----Respondents

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S.B. Civil Writ Petition No. 15250/2018

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Ashok Ram S/o Shri Deva Ram, Aged About 26 Years, Village Khidrat, Tehsil Bap, District Jodhpur (Rajasthan).

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Revenue Department, Govt. Of Rajasthan, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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(2 of 8)

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The District Collector (Land Recrod), Jodhpur.

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----Respondents

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S.B. Civil Writ Petition No. 15875/2018

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Deva Ram S/o Shri Bheekha Ram, Aged About 41 Years, 299, Sector-C, Saraswati Nagar, Jodhpur (Raj.)

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----Petitioner

¶40

Versus

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State Of Rajasthan, Through Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur

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The Registrar, Board Of Revenue, Rajasthan, Ajmer

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The District Collector (Land Records), Jodhpur

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----Respondents

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S.B. Civil Writ Petition No. 16142/2018

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Tej Singh S/o Shri Har Lal, Aged About 25 Years, Resident Of Village And Post Doli Kallan, Via Kalyanpur, Tehsil Pachpadara, District Barmer.

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----Petitioner

¶48

Versus

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The State Of Rajasthan, Through The Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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The District Collector (Land Records), Jodhpur.

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----Respondents

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S.B. Civil Writ Petition No. 16145/2018

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Jaswant Singh S/o Shri Jagga Singh, Aged About 25 Years, By Caste Bavri, Resident Of 58 F, Tehsil Karanpur, District Sri Ganganagar.

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----Petitioner

¶56

Versus

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1. The State Of Rajasthan, Through The Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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The District Collector (Land Records), Jodhpur.

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----Respondents

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S.B. Civil Writ Petition No. 16485/2018

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Anju Khowal D/o Shri Ram Kumar Khowal W/o Shri Bharat Kumar Verma, Aged About 24 Years, R/o Village Ramjipura Kalan, Tehsil Kishangarh Renwal, Districtjaipur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Revenue Department, Government Of Rajasthan, Secretariat,

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(3 of 8)

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Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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The District Collector (Land Records), Nagaur.

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----Respondents

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S.B. Civil Writ Petition No. 17299/2018

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Jyotsna Bhati D/o Shri Laxman Ram Bhati, Aged About 24 Years, Village Bucheti, Tehsil Baori, District Jodhpur

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----Petitioner

¶74

Versus

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1. State Of Rajasthan, Through Secretary, Revenue Department, Government Of Rajasthan, Secretariat,jaipur

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The Registrar, Board Of Revenue, Rajasthan, Ajmer

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The District Collector (Land Records), Jodhpur

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----Respondents

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S.B. Civil Writ Petition No. 17563/2018

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Ramdulari Meena D/o Shri Ram Bharosi Meena, Aged About 24 Years, R/o Village Nayla Nagar, Post Parbeni, Tehsil Reni, District Alwar (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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The District Collector (Land Records), Jaisalmer.

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----Respondents

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S.B. Civil Writ Petition No. 17575/2018

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Narendra Kumar Charan S/o Shri Hanuman Singh Charan, Aged About 25 Years, R/o Village Danti, Post Birmi Khalsa, Tehsil Rajgarh, District Churu.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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The District Collector (Land Records), Churu.

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----Respondents

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S.B. Civil Writ Petition No. 17582/2018

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Mukesh Kumar S/o Shri Rajendra Kumar, Aged About 24 Years, Vpo Kalwas, Tehsil Taranagar, District Churu.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Revenue

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(4 of 8)

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Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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The District Collector (Land Records), Churu.

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----Respondents

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S.B. Civil Writ Petition No. 666/2019

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Ram Gopal Pilania S/o Shri Khinwa Ram Pilania, Aged About 25 Years, Village Bhompura, Post Sandwa, Tehsil Bidasar, District Churu (Raj).

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer. 3. The District Collector (Land Records), Churu.

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----Respondents

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S.B. Civil Writ Petition No. 1806/2019

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Vijay Kumar S/o Shri Bhagirath Singh, Aged About 41 Years, R/o Nand Ka Bass, Tehsil Malsisar, District Jhunjhunu (Raj.).

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer. 3. The District Collector (Land Records), Churu.

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----Respondents

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S.B. Civil Writ Petition No. 1810/2019

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Shankar Lal Meena S/o Shri Durga Prasad Meena, Aged About 24 Years, R/o Ward No. 12, Mandha, District Sikar (Raj.).

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer. 3. The District Collector (Land Records), Churu.

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----Respondents

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S.B. Civil Writ Petition No. 1814/2019

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Om Prakash S/o Shri Sohan Lal Gugar, Aged About 39 Years, R/o Village Buchawas, District Churu (Raj.).

----Petitioner

Versus

(5 of 8)

State Of Rajasthan, Through Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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The District Collector (Land Records), Churu.

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----Respondents

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S.B. Civil Writ Petition No. 1825/2019

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Vinod Kumar S/o Shri Balbir Singh, Aged About 40 Years, R/o Loyalka Link Road, Ward No. 23, Rajpura, Pilani, District Jhunjhunu (Raj).

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----Petitioner

¶138

Versus

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1. State Of Rajasthan, Through Secretary, Revenue Deaprtment, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

¶141

The District Collector (Land Records), Churu.

¶142

----Respondents

¶143

S.B. Civil Writ Petition No. 1905/2019

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Shashikala D/o Shri Vijaypal, Aged About 22 Years, Village Post Sardarpura, Tehsil Rajgarh, District Churu (Raj.).

¶145

----Petitioner

¶146

Versus

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1. State Of Rajasthan, Through Secretary, Revenue, Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Jaipur.

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The District Collector (Land Records), Churu.

¶150

----Respondents

¶151

S.B. Civil Writ Petition No. 1996/2019

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Rukma Devi D/o Shri Sohan Puri, Aged About 26 Years, Vopari, Tehsil Marwar Junction, District Pali.

¶153

----Petitioner

¶154

Versus

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State Of Rajasthan, To Be Served Through Secretary Department Of Revenue, Rajasthan, Jaipur.

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The Registrar Board Of Revenue Rajasthan Ajmer, Ajmer.

¶157

The District Collector, (Land Record), Pali.

¶158

----Respondents

¶159

S.B. Civil Writ Petition No. 3923/2019

¶160

Khushwant Nain D/o Shri Purna Ram Nain, Aged About 25 Years, By Caste Jat, R/o Ranasar Bikan, Tehsil Sardarsahar, District Churu (Raj.).

----Petitioner

Versus

(6 of 8)

State Of Rajasthan, Through The Secretary, Revenue Department, Secretariat, Jaipur.

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The Registrar, Board Of Revenue, Rajasthan, Ajmer.

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The District Collector (Land Records), Churu.

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The Tehsildar (Lr), Sardar Sahar, Churu.

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----Respondents

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For Petitioner(s) : Mr. RJ Punia. Mr. Mahaveer Bishnoi. Mr. D.L.R. Vyas. Mr. N.R. Budania. For Respondent(s) : Mr. Mrigraj Singh Rathore.

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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02/03/2022

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These writ petitions have been filed by the petitioners seeking a direction to restrain the respondents from recovering the training expenses/refund the training expenses of the post of Patwari recovered from them.

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Submissions have been made that the petitioners were recruited on the post of Patwari, underwent training and had given a bond requiring to pay the training expenses amounting to Rs.95,200/-, in case, they would leave the service within three years from the date of joining.

¶175

Submissions have been made that as the petitioners have been recruited to other services i.e. Teacher Grade III Level I/II or Senior Teacher, when they sought relieving from the respondents for joining on the new post, they were required to make payment of the amount of bond, which is not justified.

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In some matters this Court granted interim orders staying the recovery of the amount and in some matters, where the

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(7 of 8)

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petitioners had paid the amount, they have sought for refund of the said amount from the respondents.

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Learned counsel for the State has pointed out that the Registrar, Revenue Board has issued communication dated 14.02.2019 inter-alia in relation to the amount of training expenses directing as under:-

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“2& ;g Hkh Li’V fd;k tkrk gS fd ;fn dksbZ uofu;qDr iVokjh viuh jktdh; lsok ls R;kxi= bl dkj.k ls nsuk pkgrk gS fd mls jkT; ljdkj esa gh vU; lsok T;ksbZu djuh gS] tks iVokjh ls mPp is&xzsM dh lsok gS rks ml ij fopkj ugha dj bl i= ds fcUnq la[;k&1 ds vuqlkj dk;Zokgh dh tkdj dk;ZeqDr (Relieve) fd;k tk ldrk gSA vkSj ;fn iVokjh in ds leku is&xzsM dh lsok gS ;k mlls uhps is&xzsM dh lsok gS rks mlls mDr jkf”k olwy dh tkuh gSA”

¶181

Learned counsel for the respondents further made submissions that as the posts of Teacher Grade III Level I/II and Senior Teacher are in higher pay grade, as per the said circular dated 14.02.2019, the amount where the same has not been recovered shall not be recovered and where the same been recovered, the same would be refunded back to the petitioners.

¶182

References has also been made to another communication dated 24.01.2022, wherein, a general circular has been issued directing the concerned District Collector to refund the amount.

¶183

In view of the above fact situation, wherein, the respondents themselves have decided not to recover/refund the amount of training expenses, in cases, where the petitioners have joined on higher pay grade, the petitions filed by the petitioners are disposed of.

¶184

The respondents are directed to comply with the requirements of the circular dated 14.02.2019 i.e. not to recover the amount from the petitioners/refund the same from whom the same has been recovered.

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(8 of 8)

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The amount recovered, be refunded to the petitioners within a period of six weeks’ from the date a copy of this order is placed by the petitioners with the concerned District Collector.

¶187

(ARUN BHANSALI),J
2, 4-12, 14,
15, 17-23, 25-
pradeep/-

Ram Gopal Pilania v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ram Gopal Pilania v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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