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State of Rajasthan v. Surendra Mohnot

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 5860-5861 of 2014)Decided 30 Jun 2014
Civil Appeal Nos. 5860-5861 of 2014
Justice Anil R. Dave · Justice Dipak Misra

Background

Clerks initially appointed on an ad hoc basis claimed selection-grade benefits by counting service before regularisation. Their case succeeded after State counsel incorrectly conceded that an earlier judgment about annual increments governed the issue. Review and appeal were rejected, including on the ground that the order was consensual.

Decision Breakdown

The Court allowed the State's appeals and dismissed the employees' writ petition. The governing selection-grade scheme counted qualifying service from regular appointment, and binding precedent distinguished that benefit from annual increments during temporary service. An erroneous concession on a question of law could not override that rule or prevent correction of a self-evident error. Earlier mistaken grant of a first selection grade did not create an entitlement to further grades on the same basis. The State's later circular protected the earlier benefit from recovery.

Lesson Learnt

Different pay benefits can use different qualifying-service rules. A lawyer's mistaken agreement about the law does not create a benefit contrary to binding law, although a specific government policy may protect payments already received.

Official source (sci.gov.in)View Judgment (PDF)

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