An appointment on compassionate ground was held void ab initio and recovery of salary was also directed by the single judge. In letters patent appeal the Division bench has maintained the judgment of single judge but has set aside the direction for recovery of salary, on the basis that the petitioner was paid for his work and if salary is recovered, it will amount to "begar" which is prohibited under Art. 23 of the Constitution of India.
Was single judge wrong for directing recovery of salary which was paid to a fraulent appointee ? or Is Division Bench right in seting aside the direction for recovery ?