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Gujarat High Court Allows Petition of Daily Wagers Against Recovery of Excess Salary. Recovery Order Quashed as Arbitrary Under Article 226 of Constitution of India for Payments Made Under Government Resolution Without Misrepresentation.

The petitioners, nine daily wagers employed with the respondent State of Gujarat, challenged a recovery order dated 04/02/2013 (No.113 of 2013) seekin...

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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 Upholds Assistant Professors' Promotion Under DACP Scheme Against Statutory Corporation's Recruitment Regulations. Promotion Governed by DACP Scheme as ESIC Regulations Issued Without Prior Central Government Approval Under Section 17(2)(a) of Employees' State Insurance Act, 1948.

The dispute arose from the promotion of Assistant Professors employed by the Employees' State Insurance Corporation (ESIC) to the post of Associate Pr...

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Supreme Court Dismisses Union of India's Appeal in Armed Forces Pension Case, Upholding Terminal Benefits for Resigning Officer. Late Entrant Eligibility Under Regulation 15 of Pension Regulations for the Army, 1961 Applied as Officer Commissioned at Age 39 and Served 15 Years Before Resignation.

The dispute arose from the Armed Forces Tribunal's order directing the Union of India to process terminal and pensionary benefits for a former Army Me...

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High Court of Karnataka Dismisses Writ Petition Challenging Tender Condition Requiring Bidders to Be from SC/ST Community. Condition Held Valid as Affirmative Action for Upliftment of SC/ST Communities, Not Violative of Article 14.

The petitioners, eleven pump manufacturing companies, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a tend...

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Supreme Court Allows State's Appeal in Teacher Promotion Case — C&V Teachers Not Entitled to TGT Quota for Headmaster Post. Rule 9(5) of Haryana School Education (Group C) State Cadre Service Rules, 2012 only gives notional conversion to TGT cadre, not eligibility for promotion against TGT quota.

The State of Haryana appealed against a Division Bench order of the Punjab and Haryana High Court which had allowed writ petitions filed by Sandeep Si...

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Bombay High Court Dismisses Petition of Teacher Challenging Termination in MEPS Rules Case — Appointment on Year-to-Year Basis Not Confirmed. Probationary teacher's termination upheld as approval was extended only till 30.04.1995 under Schedule B of MEPS Rules, 1981.

The petitioner, Smt. Geeta Khandwekar, was appointed as a teacher in a private school managed by the Bharat Education Society. She was appointed initi...