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.

ORDER :

ANOOP KUMAR DHAND, J.

1. The instant writ petition has been filed by the petitioner with the following prayer:-

“It is therefore, most humble and respectfully prayed that this writ petition may kindly be allowed: and by an appropriate writ, order or direction

i. The record of the case may kindly be called for;

ii. The respondent No. 03 may kindly be directed to relieve the petitioner from the post of Constable to join on the post of Computer without insisting him for payment of refund of training expenses/salary.

iii. The by order or direction this Hon'ble Court may awarded all the service benefits to the petitioner.

iv. The petitioner may be granted for all consequential benefits:

v. Any other appropriate writ, order or direction which the facts and circumstances of the case warrants be issued and;

vi. Costs of the writ petition be allowed in favour of the petitioner.”

2. By way of filing this writ petition, the petitioner is seeking direction against the respondents to relieve him from the post of Constable to join on the post of Computer without insisting him for refund the payment of training expenses/salary.

3. Counsel for the petitioner submits that the petitioner was appointed on the post of Constable on 03.02.2023 and he has completed two years probation period, thereafter his services were confirmed by the respondents vide order dated 27.02.2025. Counsel submits that in the meantime, the petitioner has been selected for appointment on the post of Computer and he is suppose to join the new assignment/assessment after he is relieved from the present department. Counsel submits that an application has been submitted by the petitioner for his relieving but he has not been allowed to relieve the present department to join the post of Computer, therefore appropriate direction be issued to the respondents.

4. Counsel for the respondents opposes the arguments raised by counsel for the petitioner and submits that large expenses have incurred in the training of the petitioner during his probation period, hence under these circumstances, the petitioner is required to deposit the training expenses. Counsel submits that the controversy involved in this petition has already been set at rest by the Co-ordinate Bench of this Court in the case of Arun Choudhary and Ors. Vs. State and Ors. while deciding S.B. Civil Writ Petition No. 5255/2013 on 08.09.2020 and the same view has been followed subsequently again in the case of Vinod Kumar Meena Vs. State of Rajasthan and Ors. while deciding S.B. Civil Writ Petition No. 9304/2021 on 10.05.2023. Counsel submits that the Co-ordinate Bench of this Court has directed the authorities concerned to re-determine the amount of training expenses incurred upon the petitioner and the respondents are restrained from recovering the salary drawn from those persons. Counsel submits that instant petition be disposed of in the light of orders passed in the cases of Arun Choudhary (Supra) and Vinod Kumar Meena (Supra)

5. Heard and considered the submissions made at Bar and perused the material available on record.

6. This fact is not in dispute that the petitioner was appointed on the post of Constable and he underwent training during the probation period and after completion of his probation, his services have been confirmed on 27.02.2025. This fact is not in dispute that the petitioner participated in the process of selection for appointment on the post of Computer and thereafter he has been selected.

7. Now the question which remains for consideration before this Court is that whether the petitioner can be allowed to be relieved by the respondents without recovering the amount of expenses incurred on the training of the petitioner and whether the respondents can recover the salary paid to the petitioner during the intervening period.

8. The issue involved in this petition has already been set at rest by the Co-ordinate Bench of this Court in the cases of Arun Choudhary (Supra) and it has been observed and held