VidhiSangh

Supreme Court of India · 29/03/2022

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

[2022] 15 S.C.R. 287 · 2022 INSC 360

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Summary

In-service nursing trainees received enhanced payments under a Single Judge’s order later reversed on appeal. With the Supreme Court proceedings confined to recovery, the Court distinguished mistaken employer payments from benefits paid under a judicial order subsequently set aside. Restitution permitted recovery despite the employees’ Class III/IV status. The Court directed deduction of the excess in 36 equal monthly instalments beginning April 2022.

Issues

  1. Whether employees could retain excess amounts paid under a judicial order subsequently reversed.
  2. Whether the protection discussed in Rafiq Masih barred restitution here.
  3. What repayment arrangement was appropriate.

Provisions considered

Held

Result

Appeals disposed of without costs. Excess amounts paid pursuant to the reversed Single Judge order were to be recovered in 36 equal monthly instalments deducted from salary, beginning April 2022.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 287.