MEKHA RAM AND OTHERS ETC. ETC. versus STATE OF RAJASTHAN AND OTHERS ETC. ETC.

Citation: [2022] 15 S.C.R. 287 · Decided: 29-03-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off
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Judgment (excerpt)

287
MEKHA RAM AND OTHERS ETC. ETC.
v.
STATE OF RAJASTHAN AND OTHERS ETC. ETC.
(Civil Appeal Nos. 2229-2234 of 2022)
MARCH 29, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
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
[2022] 15 S.C.R. 287
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SUPREME COURT REPORTS
[2022] 15 S.C.R.
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)
8 SCC 129 : [2020] 3 SCR 1; South Eastern Coalfields
Ltd. v. State of M.P. (2003) 8 SCC 648 : [2003] 4 Suppl.
SCR 651; Ouseph Mathai v. M. Abdul Khadir (2002) 1
SCC 319 : [2001] 5 Suppl. SCR 118 - referred to.
Case Law Reference
[2014] 13 SCR 1343 
held inapplicable
Para 4
[2020] 3 SCR 1
referred to
Para 5.1
[2003] 4 Suppl. SCR 651 
referred to
Para 5.1
[2001] 5 Suppl. SCR 118
referred to
Para 6.2
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2229-
2234 of 2022.
From the Judgment and Order dated 06.05.2016 of the High Court
of Judicature for Rajasthan at Jaipur Bench, Jaipur in DB Special Appeal
(Writ) Nos. 1883, 1887, 1990 of 2014, D.B. Special Appeal (Writ) No.
289 of 2015, D.B. Special Appeal (Writ) No. 1888 of 2014 & D.B.
Special Appeal (Writ) No. 191 of 2015.
With
Civil Appeal nos. 2235-2249, 2250-2251, 2252, 2253-2256 of 2022.
R.K. Singh, Mrs. Neeraj Singh, Kumar Gaurav, Ms. Ritu Reniwal,
Praveen Pathak, Rameshwar Prasad Goyal, Ankur Rastogi, Ms. Priya
Rastogi, Mrs. Laxmi Arvind, Advs. for the Appellants.
Dr. Manish Singhvi, Sr. Adv., Arpit Parkash, Milind Kumar, Ms.
Ruchi Kohli, Rohit K. Singh, Advs. for the Respondents.
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.
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289
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
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