Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | of three years duration working as Auxiliary Nursing & Midwifery or Lab Technician Service Law: Rajasthan Medical & Health Subordinate Service Rules Accounts Clerk and other similarly situated posts applied for the course of General Nursing Training 1965 – Restitution – Appellants Multi-Purpose Worker |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
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 in-service 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. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 360 |
Petitioner | Mekha Ram And Others Etc. Etc. |
Respondent | State Of Rajasthan And Others Etc. Etc. |
SCR | [2022] 15 S.C.R. 287 |
Judgement Date | 2022-03-29 |
Case Number | 2229-2234 |
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