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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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Gujarat High Court Quashes Recovery Order Against Employee in Voluntary Retirement Dispute — Employer Cannot Recover Excess Payment Without Opportunity of Hearing. Voluntary Retirement Application Deemed Accepted Under Rule 48 of CCS (Pension) Rules, 1972 When Not Rejected Within Notice Period.

The petitioner, Arjun Gorabhai Rathod, was an employee of the State of Gujarat. He applied for voluntary retirement on 19.10.2019 with a notice period...

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Madras High Court Dismisses Writ Petition by Retired Employee Seeking Salary Arrears for Retrospective Promotion; Applies 'No Work, No Pay' Principle. Court Holds That Notional Pay Fixation Under Fundamental Rules Does Not Entitle Employee to Actual Salary for Period Not Worked.

The dispute arose from the denial of salary arrears to a retired employee of the Co-operative Audit Department after she was granted retrospective pro...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Leave Encashment Dispute — Recovery of Mistaken Payment from Gratuity Held Unjust. Petitioner's Leave Encashment Payment Was Not Mistaken as Government Resolution Did Not Apply to Non-Teaching Staff of Social Work Colleges.

The petitioner, Prakash Suryabhanji Ninghot, was appointed as a Peon on 01.10.1982 with respondent 5-College, a 100% grant-in-aid Social Work college....

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High Court Dismisses Union of India's Challenge to CAT Order Directing Promotion of Retired Employee Under Restructuring Scheme — Delay in Consideration Attributable to Employer, Not Employee.

The petitioner, Union of India through the General Manager, Ordnance Factory Ambarnath, challenged an order of the Central Administrative Tribunal, Bo...

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High Court Dismisses Writ Petition of Assistant PF Commissioner Due to Delay and Laches in Challenging EPF Damages Order. Petition filed nearly three years after impugned order without explanation for delay, and no merit found in challenge to damages calculation under Para 32A of EPF Scheme, 1952.

The Assistant Provident Fund Commissioner (petitioner) filed a writ petition under Article 227 of the Constitution of India before the High Court of K...

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Bombay High Court Allows Petition Challenging Recovery of Salary Paid to Employee in Date of Birth Dispute. Recovery of salary for work actually performed cannot be ordered without hearing and without finding of misrepresentation or fraud.

The petitioner, K. G. Nangardhane, was a Head Master at Nagar Parishad Vidyalaya, Pavani, District Bhandara. He entered service on 23.7.1962 with his ...