[2026:RJ-JP:12903]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14914/2020 Brijraj Singh Rathore Son Of Late Shri S.s Rathore, Aged About 57 Years, Resident Of Plot No. 5, Kailash Nagar, Jhotwara, Jaipur, At Present Posted As Director, Central Training Institute, Home Guard, Civil Defence, Jaipur.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Home Department Government Of Rajasthan, Government Secretariat, Jaipur.

2. Civil Defence And Home Guard Department, Government Of Rajasthan, Through The Director General Of Police, Civil Defence And Commandant General, Home Guard Rajasthan, Jaleb Chowk, Jaipur.

3. The Financial Advisor, Civil Defence And Home Guard Department, Government Of Rajasthan, Headquarter, Jaleb Chowk, Jaipur Rajasthan.

4. The Senior Staff Officer, Directorate Of Civil Defence And Home Guard Department, Government Of Rajasthan, Headquarters, Jaleb Chowk, Jaipur Rajasthan.

----Respondents For Petitioner(s) : Mr. Chirau Sharma, for Mr. Abhishek Sharma.

For Respondent(s) : Ms. Karishma Soni, for Mr. Vinod Kumar Gupta, AGC.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

27/03/2026

1. This writ petition has been filed by the petitioner with the following reliefs:

“i) Call for the entire record pertaining to the case and after examining the same the Hon'ble Court may kindly be pleased to quash and set aside the impugned order dated 8.9.2020 wherein the amount of arrears has been directed to be recovered from the salary of the petitioner.

ii) Any other order or direction which may be deemed fit to the facts and circumstances of the case, may kindly be passed in favour of the petitioner.

iii) Cost of the writ petition may kindly be awarded to the petitioner.”

2. Brief facts of the case are that the petitioner is presently serving as Director, Central Training Institute, Home Guard and Civil Defence, Jaipur, Rajasthan, and has been in service with the department since his initial appointment on 05.04.1993 as Deputy Commandant, Home Guards through the Rajasthan Public Service Commission, Ajmer, prior to which he had served in the Indian Army (Short Service Commission) for five years from 25.08.1986 to 24.08.1990; the petitioner is aggrieved by the action of the respondent department concerning grant and subsequent recovery of arrears arising out of re-fixation of his pay for the period 15.04.1993 to 27.09.1996 pursuant to Notification No. F.1(4) DOP/A-II/94 dated 28.09.1996 (Annex.1), whereby Rule 6 of the Rajasthan Home Guards and Civil Defence Service Rules, 1976 was amended by insertion of sub-rules (3) and (4), with sub-rule (4) being given retrospective effect from 01.11.1984, thereby entitling ex-army personnel to re-fixation of pay with actual arrears payable post 01.11.1984 (subject to the last pay drawn in the armed forces), although denying arrears prior thereto; pursuant to note-sheet No. F-15(3) H.G. dated 28.11.1996 (Annex.2) and clarification issued by the Department of Personnel, the petitioner’s pay was accordingly re-fixed and arrears amounting to Rs.38,181/- for the period 15.04.1993 to 27.09.1996 were paid, on which applicable income tax was also duly deposited, and similar benefits were extended to other similarly situated officers; however, despite settled legal position and repeated judicial pronouncements, including order dated 03.03.2014 passed in SB Civil Writ Petition No. 21449/2013 (Annex.3) and earlier order dated 10.04.1995 in SB Civil Writ Petition No. 805/1986, deprecating such recovery actions, the respondents have continued initiating recovery proceedings against such officers, particularly at the verge of their retirement, and in the petitioner’s case also, repeated explanations were sought through departmental communications, compelling the petitioner to submit a detailed representation dated 03.04.2020 (Annex.4) along with supporting documents; nevertheless, in disregard of the settled legal position, the respondents issued order dated 08.0