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High Court Allows Writ Petition Quashing Orders Treating Termination Period as Break in Service and Recovery of Excess Amount from Pensionary Benefits. Reinstatement Without Back Wages Does Not Imply Break in Service, and Recovery from Retired Employee is Impermissible Under Supreme Court Guidelines.

The dispute arose from a writ petition filed by a former driver employed by the Zilla Parishad, Kolhapur, challenging orders that declared his termina...

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Gujarat High Court Dismisses Employer's Challenge to Industrial Tribunal Award Granting Pay Scale to Workmen in Education Society. Tribunal's Direction to Pay Wages in Pay Scale of Rs. 2550-3200 Upheld as Based on Evidence and Principle of Equal Pay for Equal Work Under Industrial Disputes Act, 1947.

The petitioner, Nagar Prathmik Sikshan Samiti (NPSS), an educational society, challenged the judgment and order dated 31.01.2018 passed by the learned...

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Gujarat High Court Dismisses State Appeal in Increment Benefit Case — Employees Entitled to Annual Increment Earned During Service Even if Retirement Falls on Last Day of Month. Rule 38 of Gujarat Civil Services (Pay) Rules, 2002 interpreted to grant increment for full year of service rendered.

The present Letters Patent Appeal was filed by the State of Gujarat and its officers (appellants) challenging an oral order dated 10.11.2023 passed by...

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Gujarat High Court Quashes Recovery of Excess Salary from Employees Without Hearing. Recovery of excess payment made due to wrong pay fixation without opportunity of hearing and at fag-end of service is arbitrary and violative of principles of natural justice.

The petitioners, employees of the respondent-Corporation, were promoted and granted stepping up of pay in 1996. In 2012, the Corporation sought to rec...

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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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Supreme Court Quashes High Court Order in MACP Scheme Case Due to Erroneous Interpretation of Grade Pay Entitlement. Employees Entitled to Immediate Next Higher Grade Pay of Rs.5400 Under Clause 8.1 of MACP Scheme and CCS (Revised Pay) Rules, 2008, Not Based on Next Promotional Post.

The dispute arose from a challenge by the Director, Directorate of Enforcement, New Delhi, and another against a High Court order that granted grade p...

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Supreme Court Upholds Removal of Employee Convicted of Theft While Under Suspension — Limitation Bar Applied for Delayed Challenge. The Court held that a removal order under Rule 19(i) of CCS (CCA) Rules is not a continuing wrong and delay of 13 years cannot be condoned without sufficient cause.

The Supreme Court allowed the appeal filed by the All India Institute of Medical Sciences (AIIMS) against the judgment of the Delhi High Court, which ...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...