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M.R.SHAH, B.V.NAGARATHNA
Mekha Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
M.R. Shah, J.
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. 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 Nursing Course by the in-service candidates could not be treated as a period on deputation and be treated only on leave whatever due to the candidates and consequently has reserved the liberty in favour of the State to recover the excess amount paid to the original writ petitioners treating the period of training as a period of leave permissible to him/her in easy equal installments, the original writ petitioners have preferred the present appeals.
2. That the original writ petitioners are working either as ANM (Auxiliary Nursing & Midwifery) or Lab Technician, Multi-Purpose Worker, Accounts Clerk or other similarly situated posts. They are the members of the Rajasthan Medical & H
(1) Restitution – Advantages secured by a litigant, on account of orders of court, at his behest, should not be perpetuated.(2) No one can be permitted to take benefit of wrong order passed by court ....
It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitle....
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
Recovery guidelines barring excess payments from retired lower-grade employees inapplicable to amounts paid beyond entitlement curtailed by cumulative-effect disciplinary punishment, absent proof of ....
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
Recovery of excess payments from Group-C employees beyond five years is impermissible, emphasizing equitable treatment and adherence to Supreme Court guidelines.
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