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Madras High Court Sets Aside Central Administrative Tribunal Order Granting Pension Relaxation Under CCS Pension Rules. High Court Holds That Judicial Review Cannot Relax Qualifying Service Requirement of Ten Years Under Central Civil Services (Pension) Rules, 1972, and Sets Aside Tribunal's Order Allowing Pension for Employee with Nine Years and Four Months Service....

The Union of India, through the Department of Posts, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court seeking a writ of certiorari to quash an order da...

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Madras High Court Disposes of Writ Petition Challenging Disciplinary Reduction to Lower Post, Directs Exhaustion of Statutory Appeal. Court Holds That Availability of Appellate Remedy Under Tamil Nadu Civil Services (Discipline & Appeal Rules) Requires Petitioner to Prefer Appeal Before Registrar General Before Seeking Judicial Review Under Article 226....

The writ petition before the Madras High Court arose from a disciplinary action taken against the petitioner, who was serving as Sheristadar of a Sub Court in the Tamil Nadu Judicial Ministerial Servi...

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High Court of Judicature at Madras Dismisses Writ Petition Seeking Mandamus for Compassionate Appointment in Puducherry Judicial Department. Relief Denied Because Petitioner Ranked Fourth with 48 Points Under Compassionate Appointment Scheme While Third Ranked Candidate Was Appointed Under 5% Vacancy Quota Prescribed by G.O.Ms.No.27 Dated 26.04.2018....

The High Court of Judicature at Madras dealt with a writ petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents to consider and appoint the ...

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High Court Dismisses Writ Petitioner Seeking Seniority Refixation, Holding No Established Legal Right and Incomplete Particulars. Mandamus Under Article 226 Does Not Lie Merely to Consider Representation for Seniority Without Proof of Right or Acknowledged Representation....

The petitioner, V.M. Kousalyaa, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Madras, seeking a writ of mandamus directing the second resp...

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High Court of Judicature at Madras Allows State's Writ Appeal in Pay Re-fixation Matter and Sets Aside Single Judge Order. Division Bench Holds That G.O.Ms.No.340 Finance (Pay Cell) Department Dated 26.08.2010 Does Not Extend to Employees Appointed After 02.06.2009 and That Prior Orders Not Considering Its Scope Cannot Be Precedents....

By way of background, the dispute arose from a writ petition filed by an employee seeking re-fixation of pay and allowances by extending the benefit of G.O.Ms.No.340, Finance (Pay Cell) Department, da...

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Bombay High Court Examines Whether Land Acquisition Authority Must Stay Proceedings When Civil Suit for Specific Performance is Pending. Court Reiterates That Civil Court Jurisdiction is Barred Only When Full Relief is Available Before Special Forum Under RFCTLARR Act, 2013....

The dispute arose out of land acquisition proceedings for the Kanhan River Project. The petitioner's father had entered into agreements with respondent No.3 (owner) for the suit property, including a ...

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Bombay High Court Quashes Recovery of Excess Salary from Retired Employee; Directs Pension Refixation and Payment of Benefits with Interest. Recovery impermissible as excess payment made for over five years and employee belongs to Class III, applying principles from State of Punjab v. Rafiq Masih....

The petitioner, Gendlal Dharkar, was initially appointed as a Tracer in Maharashtra Jeevan Pradhikaran on 27/09/1991. Over the years, he received a time-bound promotional pay scale of Rs.4500-125-7000...

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High Court Quashes Recovery Orders for Excess Salary Paid to Retired Government Employee — Employee Not at Fault for Wrong Pay Fixation. Recovery of excess salary impermissible when promotional orders stand, following precedent in Gajanan Prabhakarrao Pande v. Maharashtra Jeevan Pradhikaran....

The dispute arose from a service matter involving a retired employee of Maharashtra Jeevan Pradhikaran who challenged recovery of alleged excess salary and sought correct fixation of pension. The peti...

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Bombay High Court Partition Suit Due to Plaintiff's Admission of Prior Partition in Legal Notice. Unregistered Partition Deed Not Admissible Under Registration Act but Admission in Notice Proves Partition and Bars Fresh Suit....

The litigation arose from a suit for partition and separate possession of agricultural lands, house property, and other assets originally filed by the respondent-plaintiff against his elder brother an...