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Bombay High Court Allows Widow's Petition Quashing Recovery from Gratuity in Pay Fixation Error Case. Recovery of Excess Payment Made to Deceased Government Employee Without Notice Violates Natural Justice and Cannot Be Deducted from Death Gratuity.

The petitioner, Jayshri w/o Sanjay Chandode, is the widow of Sanjay Bhagirath Chandode, a government employee who worked as a peon in the office of Re...

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Bombay High Court Dismisses Writ Petitions Challenging Seniority List in High Court Staff Service. Court upholds the principle that seniority is determined by the date of continuous officiation in a cadre, not by the date of initial appointment or confirmation.

The case involves four writ petitions filed by employees of the High Court of Bombay, Bench at Aurangabad, challenging the seniority list of Assistant...

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Bombay High Court Upholds Dismissal of Judicial Officer for Misconduct. Disciplinary proceedings against a Civil Judge for unauthorized absence and insubordination were valid, and the penalty of dismissal was proportionate under the Maharashtra Civil Services (Discipline and Appeal) Rules.

The petitioner, Harishchandra Sarjerao Gajbhiye, joined the judicial service in Maharashtra on 13/7/1988 as a Civil Judge, Junior Division and Judicia...

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Gujarat High Court Allows Pension Benefits to Urban Malaria Department Employees of Bhavnagar Municipal Corporation — Employees Held Entitled to Pensionary Benefits Under BPMC Pension Rules Despite Being on Contract Basis

The petitioners, employees of the Urban Malaria Department of Bhavnagar Municipal Corporation, filed two writ petitions under Article 226 of the Const...

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Bombay High Court Dismisses State's Petition Challenging Compassionate Appointment for Heirs of Employee Retired on Invalid Pension. Rule 80 Retirement and Exclusionary G.R. Held Arbitrary and Unconstitutional.

The case involves a challenge by the State of Maharashtra against an order of the Maharashtra Administrative Tribunal (MAT) allowing the original appl...

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Bombay High Court Dismisses Writ Petition Challenging Compulsory Retirement and Seeking Promotion in Municipal Service — Petitioner Failed to Establish Legal Right to Promotion and Compulsory Retirement Was Upheld as Valid Exercise of Power Under Service Rules.

The petitioner, Choudhari Mohd. Abdul Kadar, was appointed as a Junior Clerk in the Udgir Municipal Council on 13 January 1970. He alleged that in 198...

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Supreme Court Examines Condonation of Delay by Karnataka Housing Board under Limitation Act. High Court's Order Condoning 3966-Day Delay in Filing Second Appeal is Scrutinized on Grounds of State Lethargy and Sufficient Cause.

The appeal before the Supreme Court arose from a judgment of the High Court of Karnataka condoning a delay of 3966 days in filing a second appeal by t...

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High Court Dismisses Employees' Challenge to Maharashtra Jeewan Pradhikaran Promotion Decisions -- Petitioners Fail to Prove Arbitrariness in Departmental Promotion Committee's Seniority-Based Promotions

Multiple writ petitions were filed by employees of Maharashtra Jeewan Pradhikaran challenging promotion decisions made by the Departmental Promotion C...

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Bombay High Court Upholds Compulsory Retirement of Judicial Officer for Lack of Integrity and Efficiency. Rule 10(4)(a)(i) of Maharashtra Civil Services (Pension) Rules, 1982 applied to prematurely retire a District Judge based on adverse entries and overall performance record.

The petitioner, Ashokkumar Hiralal Lohiya, was a judicial officer who joined the judiciary as a Civil Judge, Junior Division in 1978 and was promoted ...