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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Kailash Choudhary S/o Shri Hema Ram Choudhary – Petitioner
Versus
The State of Rajasthan – Respondent
S.B. Civil Writ Petition No. 9902 of 2022
Decided On : 09-02-2024
Recovery of Training Expenses - Resignation from Constable to Join Forest Guard - Rajasthan Service Rules, 1951 Rule 22B - Circulars/Letters dated 30.12.2008, 01.12.2016, 06.03.2019 - The court held that the petitioner's resignation from the post of Constable within two years of joining fell under Rule 22B of the Rajasthan Service Rules, 1951, and the recovery of training expenses was justified as per the circulars/letters issued by the State Government. The court also noted that the petitioner's resignation was accepted nine years ago, and without any cogent reason, the relief sought in the petition was not granted.
Fact of the Case:
The petitioner resigned from the post of Constable to join as Forest Guard and sought refund of the amount recovered by the respondent department for training expenses and salary.
Finding of the Court:
The court found that the recovery of training expenses was justified under Rule 22B of the Rajasthan Service Rules, 1951, and as per the circulars/letters issued by the State Government. The court also noted that the relief sought in the petition was not worthy of being granted.
Issues: Recovery of training expenses, Validity of resignation and refund of amount, Delay in seeking relief
Ratio Decidendi: The recovery of training expenses was justified as per Rule 22B of the Rajasthan Service Rules, 1951, and the circulars/letters issued by the State Government. The court also considered the delay in seeking relief as a factor in dismissing the petition.
Final Decision: The petition was dismissed, and all pending applications were disposed of.
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
(i) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents may kindly be directed to refund the amount of Rs. 64,604/- recovered from the petitioner vide receipt dated 23.05.2013 (Annex.2).
(ii) Any other appropriate order or direction which this Hon’ble Court considers just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner.
(iii) Cost of the writ may be awarded to the petitioner.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner was initially appointed on the post of Constable in the police department vide order dated 29.08.2011. The Forest Department issued an advertisement on 17.01.2013 for the post of Forest Guard, and the petitioner applied for the same. Thereafter, the petitioner was appointed as Forest Guard vide order dated 30.05.2013, and prior to such appointment, the petitioner resigned from the previous appointment on the post of Constable, which was accepted on 23.05.2013, after deposition of the training expenses and salary totalling Rs. 64,604/- by the petitioner. As per the petitioner, the demand of deposition of the aforesaid sum as a condition precedent for acceptance of the resignation was not a valid and lawful demand, and thus, being aggrieved by the same, the present petition has been preferred claiming the afore-quoted reliefs.
3. Learned counsel for the petitioner submitted that the petitioner joined the duties as Forest Guard after tendering due resignation, after rendering dedicated services as Constable in the police department, and therefore, the recovery of training expenses and salary by the respondents is not justified in law.
3.1. Learned counsel further submitted that the petitioner performed his duties as Constable and thereafter the respondents recovered the training expenses and salary from the petitioner for acceptance of the resignation, which impugned action is violative of Articles 14 and 16 of the Constitution of India.
3.2. In support of such submissions, learned counsel relied upon the following judgments:
(b) Ramchandra Sharma vs. State of Rajasthan and Others in S.B.C.W.P. No. 11254/2016 and Others Connected Matters, decided on 07.10.2016, passed by the Coordinate Bench of this Hon’ble Court.
4. On the other hand, learned counsel appearing on behalf of the respondents, while opposing the aforesaid submissions made on behalf of the petitioner, submitted that the petitioner was appointed on the post of Constable vide order 29.08.2011 on a fixed remuneration, and was put to serve two years probation period. It was further submitted that as per Rule 22-B of the Rajasthan Service Rules, 1951 and Circular No. 636 dated 18.02.2013 issued by the Director General of Police, Rajasthan, if an employee resigns during the training period and within a period of two years after completion of training period and joining of new service, then such employee is required to refund/deposit the amount incurred by the department on training and other benefits provided to him during the training period. Therefore, as per learned counsel, it was mandatory for the petitioner to deposit the amount in question with the State exchequer as a condition precedent for acceptance of his resignation to enable him to join his services as Forest Guard.
4.1. It was also submitted that the Home (Group-1) Department, Government of Rajasthan, Jaipur issued a letter no. F.4 (98) Home-
Recovery of training expenses and salary upon resignation within two years of joining as per Rule 22B of the Rajasthan Service Rules, 1951, and the relevance of circulars/letters issued by the State ....
The court established that a petitioner can transition to a new post without salary recovery if training expenses are verified and deposited, ensuring fair employment practices.
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