Jitendra Singh vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

Lawyers are abstaining from work and are not appearing before the Court.

None present for the petitioner.

Copy of the petition has been served on Mr. Manish Vyas, AAG.

This writ petition has been filed by the petitioner seeking directions to the respondents to refund the recovered amount from the petitioner on account of salary, allowance and training expenses alongwith interest @ 9% p.a.

It is reported that the issue raised in the present writ petition is squarely covered by a judgment in Arun Choudhary & Ors. v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.5255/2013, decided on 11.08.2014 at Jaipur Bench.

Learned AAG made submissions that though the issue raised is squarely covered by judgment in the case of Arun Choudhary (supra) but as another similar nature order passed by this Court is pending consideration before the Division Bench in D.B. Special Appeal (Writ) No.288/2021, wherein, effect and operation of the order has been stayed, therefore, the hearing in the present matter be deferred.

I have considered the submissions made by learned counsel for the respondents and have perused the material available on record.

Once it is not in dispute that the issue raised in the present writ petition is squarely covered by the order in the case of Arun Choudhary (supra), merely because an appeal arising out of an order passed following the order in the case of Arun Choudhary (supra) is pending consideration before the Division Bench, in which interim order has been granted, cannot be a reason enough for deferring the hearing of the present petition, indefinitely.

A Coordinate Bench of this Court in Nirmala Kumari v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.14864/2021, decided on 25.10.2021, before which also identical submissions were made, has declined similar prayer.

In view of the above fact situation, the writ petition filed by the petitioner is allowed. The respondents are directed to forthwith reimburse the amount of salary (excluding the training expenses) that was recovered from the petitioner, who has resigned to join other State services. The respondents would also be required to pay interest @ 6% p.a. from the date of recovery till the date of actual payment.

Needful may done by the respondents within a period of two months from the date of this order.