STATE OF RAJASTHAN v. PUSHPENDRA TIWARI SON OF SHRI GIRRAJ TIWARI
SAW/1166/2025 · 2025-11-26
Maneesh Sharma, Sanjeev Prakash Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47833 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47833 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:47853-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 1166/2025
1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur (Raj.)
2. The Director General Of Police, Jaipur, District Jaipur (Raj.)
3. Commissioner Of Police, Police Commissionerate, Jaipur (Raj.) ----Appellants Versus
1. Pushpendra Tiwari Son Of Shri Girraj Tiwari, Aged About 25 Years, Resident Of Pradhano Ka Mohalla, Tehsil Phagi, District Jaipur (Raj.)
2. Manoj Kumar Sharma Son Of Shri Ramesh Chand Sharma, Aged About 36 Years, Resident Of 35, Ram Vihar Colony, Buddhsinghpura, Airport Sanganer, Sanganer Bazar, Jaipur (Raj.)
3. Govind Singh Nirwan Son Of Shri Madan Singh, Aged About 39 Years, Resident Of Dhani Kuhhalawala, Sanjay Nagar, Jhunjhunu District Jhunjhunu (Raj.)
4. Savitri Sharma Daughter Of Shri Sitaram Sharma, Aged About 23 Years, Resident Of Gola Ka Bas, Tehsil Rajgarh, District Alwar (Raj.)
5. Maya Devi Yadav Daughter Of Shri Gangadhar Yadav, Aged About 23 Years, Resident Of Ward No. 09, Dhani Chandyawali, Khori, Jaipur (Raj.)
6. Shyam Singh Son Of Shri Mangej Singh, Aged About 42 Years, Resident Of Nawad, Nagaur (Raj.)
7. Hemraj Meena Son Of Shri Badri Narayan, Aged About 26 Years, Resident Of Chawa Ki Nangal, Saiwar, Saiwar, Jaipur (Raj.)
8. District Collector Tonk (Land Revenue), District Tonk (Raj.)
9. District Collector Bhilwara (Land Revenue), District Bhilwara (Raj.)
10. District Collector Baran (Land Revenue), District Baran (Raj.)
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11. District Collector Sikar (Land Revenue), District Sikar (Raj.) ----Respondents For Appellant(s) : Mr. Bhuwnesh Sharma, AAG assisted by Mr. Vishnu Datt Sharma,AAAG Ms. Sunita Meena,AGC For Respondent(s) :
HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE MANEESH SHARMA
Judgment 26/11/2025
1. An application No.926/2025 has been filed under Section 5 of the Limitation Act seeking condonation of delay in filing the appeal.
2. For the grounds mentioned in the application filed u/s 5 of the Limitation Act, delay is condoned and the application is accordingly allowed.
3. The defect(s) pointed out by the Registry are waived.
4.
Learned counsel clearly states that the issue stands finally adjudicated by the Co-ordiante Bench of this Court in D.B. Special Appeal Writ No.61/2024: State of Rajasthan and Ors. Vs. Vinod Kumar Meena and Anr. decided on 05.04.2024, wherein, the Co-ordinate Bench has held as under:
"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) No.744/2016 [State of Rajasthan & Ors. Vs. Jagdish & Ors.].
[2025:RJ-JP:47853-DB] (3 of 3) [SAW-1166/2025]
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.
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.
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).
5. Accordingly, the State appeals are liable to be dismissed and are accordingly dismissed."
5. In view of the above judgment passed by the Co-ordinate Bench of this Court in the matter of State of Rajasthan and Ors. Vs. Vinod Kumar Meena (supra), the present appeal stands dismissed mutatis mutandis.
6. All pending application(s) also stand disposed of.
(MANEESH SHARMA),J (SANJEEV PRAKASH SHARMA),ACTING CJ Simple Kumawat /151