Karnataka HC Orders Refund Of Training-Related Sums Paid By Three Teachers For Prison-Service NOCs, As No Repayment Undertakings Were Taken

The petitioners were employed in the Central Prisons Department and, after obtaining permission, applied for and were selected to teaching posts in Government educational institutions.

When granting their No Objection Certificates (NOCs), the Prisons Department required them to pay amounts relating to their training; the petitioners paid and later sought refunds. Their refund representations were rejected by endorsements dated 28 August 2025.

Relying on W.P. No. 107187/2025 and W.P. No. 3801/2022, the petitioners challenged those endorsements and sought consideration of their representations and repayment.

Rule 76(8) of the Karnataka Civil Services Rules (KCSR) provides that a Government servant deputed to authorised training is to be treated as on duty; accordingly, the period attracts pay and allowances.

In W.P. No. 3801/2022, the Court upheld the view that recovery of salary and allowances paid during such training was unjustified where no repayment undertaking had been obtained, and that a training-manual condition could not override Rule 76(8).

The subsequent decision in W.P. No. 107187/2025 applied that reasoning and directed consideration of a refund.

The Court also noted that the petitioners had taken up Government education posts with permission and with the benefit referred to under Section 252(b) of the KCSR.

The Court found that the petitioners’ circumstances were materially similar to those addressed in W.P. No. 107187/2025 and W.P. No. 3801/2022, and the Government Advocate did not dispute that those decisions covered the case.

There was no undertaking requiring the petitioners to reimburse salary, allowances, or training expenditure, and permission had been granted for them to take up the teaching posts.

Applying the prior decisions, the Court held that the rejected refund claims could not stand.

It directed respondent No. 2 to refund the amounts paid by the petitioners when their NOCs were granted, within 12 weeks of receiving a copy of the order.