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Madras High Court Quashes Recovery Order Against Employee in Pay Fixation Dispute. Recovery of Excess Pay for Over Five Years Without Employee's Fault Held Impermissible Under Article 226 of the Constitution, Applying Rafiq Masih.

The writ petition was filed by a Sheristadar working under the Subordinate Judge, Tirukoilur, challenging an office order for recovery of excess pay a...

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Bombay High Court Quashes Recovery of Alleged Excess Payments from D.Ed College Employees — Recovery Without Notice Violates Principles of Natural Justice. Refixation of Pay Scale and Grade Pay Set Aside as Unilateral and Without Opportunity of Hearing.

The judgment concerns a group of nine writ petitions filed by employees of D.Ed colleges in Maharashtra, challenging the recovery of amounts allegedly...

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Supreme Court Allows Appeal of Retired Employees Against Recovery Orders in Service Law Case Due to Lack of Hearing and Erroneous Employer Interpretation. Recovery of Excess Payments After Retirement Held Illegal as No Misrepresentation by Employees and Based on Equity Principles to Prevent Hardship.

The dispute involved retired stenographers who had been granted financial benefits in 2017 based on the Shetty Commission recommendations, which were ...

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Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...

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Bombay High Court Dismisses Employer's Challenge to Industrial Court Order Quashing Recovery of Excess Salary Paid Due to Employer's Mistake. Recovery of Rs.1,94,637/- from Retired Employee Set Aside as Employer's Inadvertence Cannot Be Visited on Employee.

The respondent, Sou. Anjali Anil Tare, was appointed as a Lower Division Clerk (LDC) in 1977 and passed her lower division grade examination in 1980, ...

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Bombay High Court Quashes Recovery of Alleged Overpayment from Widow of Deceased Employee. Recovery of Excess Pay Fixation Amount from Retiral Benefits of Deceased Employee Without Notice During Lifetime Is Unjust and Cannot Be Sustained.

The petitioner, Smt. Ujwala Thakre, widow of Rupchand Thakre, filed a writ petition challenging communications dated 08/04/2015 and 16/04/2015 issued ...

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Bombay High Court Hears Writ Petition Against Order of Debt Recovery Appellate Tribunal in Recovery Proceedings. The Case Involves Settlement and Auction of Property of Bradbury Mills Ltd., a Company in Liquidation, with Multiple Creditors and Guarantors.

The writ petition was filed by Everest Fincap Pvt. Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRAT) dated 22 August 2008, whic...

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Bombay High Court Allows Writ Petition of Widow Against Recovery of Excess Payment from Deceased Employee's Pension. Recovery from Legal Heirs Based on Employee's Undertaking Held Impermissible as Excess Payment Was Due to Employer's Mistake Without Misrepresentation.

The petitioner, Smt. Sudha wd/o Bhagirath Meshram, is the widow of a deceased employee who worked as a Junior Lecturer at Zilla Parishad High School. ...