Recovery of salary for services rendered is impermissible despite failure to clear mandatory examinations within stipulated timelines.

The petitioners were originally appointed as Anganwadi workers and were promoted to the post of Mukhya Sevika on August 31, 2010

A condition of their service, as per Government Resolutions (G.R.) dated 23.10.2015 and 28.03.2016, required them to clear the CCC (Course on Computer Concepts) examination within two years of their service being confirmed

Consequently, the petitioners were required to clear the exam by September 9, 2017

The petitioners failed to clear the exam within this stipulated period; one petitioner cleared it on July 4, 2019, and the other on January 24, 2021

Following this delay, the respondent authorities terminated their services and passed orders for the recovery of salaries paid to them for the period beyond the two-year confirmation window until their actual termination

Although the petitioners were reinstated upon clearing the exam and providing proof, they challenged the recovery of salary and the lack of continuity of service

1. Whether the orders for termination and recovery of salary were passed in violation of the principles of natural justice

2. Whether the respondent authority is entitled to recover salary for a period during which the petitioners had undisputedly rendered their services

The Court primarily applied the principles of Natural Justice (Audi Alteram Partem), emphasizing that no adverse order, especially one involving recovery of dues, can be passed without affording an opportunity of hearing

It further relied on Article 14 of the Constitution of India, which prohibits arbitrary state action and ensures the right to equality

The Court also acknowledged the regulatory framework established by the Government Resolutions dated 23.10.2015 and 28.03.2016, which mandated the clearing of the CCC examination for the confirmation of service

The Court observed that the respondent authorities terminated the petitioners and initiated recovery proceedings without providing any opportunity of hearing, rendering the impugned orders legally unsustainable due to a breach of the principles of natural justice

Regarding the recovery of salary, the Court noted that the petitioners continued to perform their duties as Mukhya Sevika after the 2017 deadline with the full knowledge of the respondents

Since the petitioners had rendered actual service and the respondents had accepted that service by paying wages, the Court held that seeking recovery of that salary was an arbitrary exercise of power

The Court found no illegality or "unjust enrichment" on the part of the employees, as the employer (the State) had permitted the continuation of service despite the non-attainment of the CCC certificate within the timeframe

Consequently, the Court quashed and set aside the impugned orders dated 05.12.2020 in both matters

The petitions were partly allowed, and the respondents were effectively restrained from recovering the salary for the period in question