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Bombay High Court Directs Release of Retiral Benefits to Widow Despite Pending Caste Validity Certificate - Employer Cannot Withhold Pensionary Benefits Due to Pendency of Scrutiny Proceedings

The petitioner, Manda w/o Prakash Sonawane, is the widow of a deceased employee who was appointed on a post reserved for a backward category. The empl...

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Bombay High Court Quashes Recovery Warrant Against Education Officer in Execution Proceedings — State Officer Not Personally Liable for Decree Dues. Executing Court Cannot Direct Arrest or Recovery Against Government Officer Without Finding of Wilful Default Under Order 21 Rule 32 CPC.

The case arises from execution proceedings of a decree passed by the School Tribunal, Pune, in Appeal No. 104 of 1998, directing the reinstatement of ...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

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Bombay High Court Upholds Education Officer's Order to Enforce Rule 45 of Secondary Schools Code for Daily Reading of Preamble in Schools. Court Dismisses Challenge by School Management, Directs Strict Compliance with Preamble Reading and Display.

The judgment concerns two connected writ petitions. The first petition (Writ Petition No.1959 of 2013) was filed by Sanjay Ananda Salve, an Assistant ...

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Bombay High Court Allows Writ Petitions Challenging Recovery of Excess Salary Paid to Retired Employees Due to Administrative Error. Recovery of excess payment from retired employees without fault on their part is impermissible under principles of equity and natural justice.

The petitioners, retired employees of New Arts, Commerce & Science College, Ahmednagar, filed writ petitions challenging the recovery of excess salary...