[2025:RJ-JD:46487]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 20968/2025 Mahendra Singh S/o Shri Gopal Singh, Aged About 29 Years, Resident Of Village Dhelana, District Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur (Raj.).

2. Director General Of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.).

3. The Commissioner Of Police, Commissionerate Jodhpur, (Raj.).

----Respondents For Petitioner(s) : Mr. OP Sangwa Mr. Bheru Lal Jat For Respondent(s) : Mr. Ritu Raj Singh HON'BLE MR. JUSTICE FARJAND ALI

Order

28/10/2025

1. Looking to the trifle nature of issue involved in this petition, learned counsel Mr. Ritu Raj Singh has been directed to accept notice on behalf of respondent department and to assist the Court. 2. The copy has already been supplied and learned counsel Mr.

Ritu Raj Singh has ably assisted this Court. 3. Heard learned counsel for the parties.

4. In the case of Arun Choudhary & Ors. Vs. State & Ors., decided on 08.09.2020 in SBCWP No.5255/2013, a Coordinate Bench of this Court had ordered that the petitioner’s salary be released if amount of training expense has been deposited by them. Relevant part of the judgment reads thus:

“Having regard to the facts aforesaid especially the latest judgment of the coordinate bench rendered at Principal Seat in Bhanwar Lal vs. State of Rajasthan & Ors.,S.B. Civil Writ Petition No. 8934/2013 decided on 28.1.2014, the present petitions deserve to be disposed of with direction that if the petitioners have already deposited the amount of training expenses as per the circular of the Director General of Police dated 30.9.2008, the respondent Education‐ Department shall release their salary. The fact about the deposit of the training expenses shall be verified by the concerned Superintendent of Police on the petitioners' approaching him along with copy of this order, who shall have the training expenses computed as per the aforesaid circular dated

30.9.2008.

On NOC being issued by him, the Education Department shall release the salary of the petitioners. It is further directed that if any amount in excess is found to have been deposited by the petitioners or recovered from them under the head of training expenses, the same is liable to be refunded to the petitioners within two months. If the salary for the earlier period has been with held by the respondents, it shall be released within two months too.”

5. It may also be apt to refer another judgment of Co-ordinate Bench of this Court in the case of Prafull Mehta (Dr.) Vs. State of Rajasthan and Anr., in SBCWP No. 3703/2012 wherein the Court while observing that stipend is honorarium in lieu of services rendered by the petitioner restrained the respondents from recovering the same when the petitioner therein had left the course before its completion. Relevant part of the judgment reads thus:

“22. It is settled law that every citizen is entitled to get fair wages, remuneration and salary etc. For the services rendered by him or her in lawful manner. If a person is deprived of his hard earned wages or salary by a condition of a contract, then such a condition of this nature would defeat the provisions of various laws. It also involves or implies injury to the property of another. Any person paid for the services rendered cannot be compelled to pay back the wages, remuneration or salary received in lieu if services rendered because the services rendered cannot be undone by leaving the services.

25. In view of the above discussion, this writ petition is allowed and it is held that the condition of paying the stipend back, in a case a student leaves P.G. course before completion, is declared as void and is hereby quashed and set aside. The respondents are restrained from recovering the amount of stipend paid to petitioner during post graduation course.”

6. In view of the above while making the interim order absolute, the respondents a