Mekha Ram and Others etc. etc. vs State of Rajasthan and Others etc. etc.

Court

Supreme Court of India

Date

29 March 2022

Case No.

Civil Appeal Nos. 2229-2234 of 2022

Result

Disposed

Bench

M.R. Shah, B.V. Nagarathna

Citation

[2022] 15 S.C.R. 287 : 2022 INSC 360

Headnote

Service Law:

Rajasthan Medical & Health Subordinate Service Rules, 1965 – Restitution – Appellants, working as Auxiliary Nursing & Midwifery or Lab Technician, Multi-Purpose Worker, Accounts Clerk and other similarly situated posts, applied for the course of General Nursing Training, of three years duration – Submission of the applications as in-service candidates and also applied for study leave – Writ petitions by the appellants praying that the study leave sanctioned to them by the competent authority may be treated as on deputation – Single Judge allowed the petitions – Intra-court appeal –Division Bench held that the period spent on training course by the inservice candidates shall not be treated as period on deputation and be treated only on leave whatever due to the candidates – During pendency, under threat of the contempt of the judgment and order passed by the Single Judge,the appellants were paid the amount – Division Bench directed that the State would be at liberty to recover the excess amount paid to appellants during their period of training as a period of leave permissible to him/her in easy equal installments – On appeal,held : Amount paid in excess to the appellants was not due to any mistake on the part of the State authorities – Excess amount was paid pursuant to the order passed by the Single Judge–No one can be permitted to take the benefit of the wrong order passed by the court which has been subsequently set aside by the higher forum/court –No party should be prejudiced because of the order of the court –Order passed by the Single Judge has been set aside by the Division Bench of the High Court and thus, by applying s. 144 CPC also, the amount paid pursuant to the order passed by the Single Judge which has been set aside by the Division Bench is to be refunded/returned by the writ petitioners – Thus, the Division Bench of the High Court justified in reserving liberty in favour of the State to recover the amount paid in excess to the writ petitioners – General Nursing Training Course Rules, 1990 – Code of Civil Procedure,1908 – s.144.

State of Punjab v. Rafiq Masih (2015) 4 SCC 334 : [2014] 13 SCR 1343 - held inapplicable.

Indore Development Authority v. Manohar Lal (2020)

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 06.05.2016 passed by the Division Bench of the High Court of Judicature for Rajasthan, Jaipur Bench Jaipur in D.B. RAJASTHAN AND OTHERS ETC. ETC. [M. R. SHAH, J.] Special Appeal (Writ) No. 1883/2014 and other connected appeals, by which the Division Bench of the High Court has allowed the said appeals and has quashed and set aside the respective judgments and orders passed by the learned Single Judge of the High Court and held that the three years

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