Dismissed

The State of Rajasthan v. Rekhraj Gurjar S/O Sohan Lal Gurjar

Rajasthan HC8 Oct 2025SAW/1066/2025

Case brief

AI extract

What is this about?

A Division Bench of the Rajasthan High Court dismissed a special appeal (writ) filed by the State. The court condoned the delay and held that the appeal was squarely covered by a Coordinate Bench judgment which ruled that recovery must be confined to training expenses only, not the full salary amount.

What did the court decide?

The special appeal was dismissed; pending applications were disposed of.

The State of Rajasthan Vs Rekhraj Gurjar… — Pension and Retirement Benefits | Rajasthan HC (2025)

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[2025:RJ-JP:40956-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Special Appeal (Writ) No. 1066/2025

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

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The Director General Of Police, Police Headquarter, Tonk Road, Jaipur.

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The Superintendent Of Police, Bundi, Rajasthan.

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----Appellants

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Versus

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Rekhraj Gurjar S/o Sohan Lal Gurjar, Aged About 28 Years, R/o Village Kalyani Khera, Post Karwar, Tehsil Naniwan, District Bundi, Rajasthan.

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----Respondent

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For Appellant(s) : Mr. Vishnu Dutt Sharma, AAAG

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HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order

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08/10/2025

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Heard on application (No.871/2025) for condonation of delay in filing the appeal.

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For the reasons mentioned in the application, the same is allowed. Delay in filing the appeal is condoned.

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Learned AAAG clearly states that the issue raised in this petition stands finally adjudicated by a Coordinate Bench of this Court in the case of State of Rajasthan and Ors. Vs. Vinod Kumar Meena and Anr. (D.B. Special Appeal Writ No.61/2024), decided on 05.04.2024, wherein the Coordinate Bench has held as under:

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"1. At the outset learned counsel for the respondents-writ petitioners would submit that in their case, the writ petitions have been allowed to the extent of payment of salary without including the amount of training expenses and, therefore, their case is squarely covered by order dated 13.12.2016 passed by the Division Bench of this Court in D.B. Special Appeal (Writ)

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(2 of 2)

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[2025:RJ-JP:40956-DB]

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[SAW-1066/2025]

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No.744/2016 [State of Rajasthan & Ors. Vs. Jagdish & Ors.].

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2. Learned Senior Counsel for the State could not point out any distinction on facts insofar as the present batch of appeals is concerned. He would submit that the order dated 13.12.2016, referred to above, grants limited relief only to the extent of entitlement of salary. Drawing attention of this Court to the relevant paras of the aforesaid order, he would submit that it has been clearly held that recovery has to be confined only to the expenses incurred on training. Meaning thereby, the training expenses are required to be refunded.

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3. Having heard learned counsel for the parties and having perused the order dated 13.12.2016 passed in the case of Jagdish (supra), we find that in the aforesaid decision, the Division Bench of this Court, after thoroughly examining the provisions of the applicable rules and the facts of the case, came to the conclusion that as far as the salary part is concerned, the petitioners are entitled to salary for the period they were in service. However, as far as the expenses incurred on training is concerned, that is liable to be paid to the employer.

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4. In the present case, the respondents, vide impugned order passed by the learned Single Judge, have been granted only salary part and there is no order protecting them from recovery against expenses incurred on training. That being the legal and factual position, the issue raised in this batch of appeals is squarely covered by order dated 13.12.2016 passed in the case of Jagdish (supra).

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5. Accordingly, the State appeals are liable to be dismissed and are accordingly dismissed."

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In view of the above judgment passed by the Coordinate Bench of this Court in the case of State of Rajasthan and Ors.

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Vs. Vinod Kumar Meena (supra) , the present appeal stands dismissed in the similar terms.

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All pending application(s), if any, shall also stand disposed of.

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(BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ

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SANJAY KUMAWAT/RAJAT/196

The State of Rajasthan v. Rekhraj Gurjar S/O Sohan Lal Gurjar

Case brief

What is this about?

What did the court decide?

The State of Rajasthan v. Rekhraj Gurjar S/O Sohan Lal Gurjar

Case brief

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