In Brief
In-service nursing candidates applied for study leave to pursue a three-year General Nursing Course. A Single Judge ordered the State to treat the training period as deputation with full salary benefits. The Division Bench reversed this, holding the training should be treated as leave. The Supreme Court upheld the Division Bench's decision and authorized recovery of excess amounts paid under the reversed Single Judge order, applying the restitution principle. However, recognizing the employees' hardship, the Court directed recovery in 36 equal monthly installments from salary, commencing April 2022, rather than as a lump sum.
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