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Bombay High Court Quashes Recovery Order Against Retired Teacher for Not Passing MSCIT Exam in Time. Recovery from retirement benefits set aside as petitioner had given undertaking but recovery was held impermissible under principles of natural justice and proportionality.

The petitioner, Smt. Shaheen Fatima Mohsin Ahmed, was appointed as an Assistant Teacher on 1st January 1986 and superannuated on 31st January 2024. Sh...

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Supreme Court Quashes Compulsory Retirement Order of IRS Officer Due to Bias and Malice. Compulsory retirement under Rule 56(j) of Fundamental Rules, 1922, set aside as it was punitive, violated natural justice due to biased committee members, and disregarded clean service record.

The dispute involved an Indian Revenue Service officer challenging his compulsory retirement under Rule 56(j) of the Fundamental Rules, ordered three ...

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Bombay High Court Allows Assistant Professor's Challenge to Superannuation at Age 60, Holds AICTE Retirement Age of 65 Applicable to Private Self-Finance Standalone Institution. Goa Institute of Management's Faculty Manual Fixing Retirement Age at 60 is Overridden by AICTE Regulations.

The petitioner, Dr. Vilasini Devi Nair, was appointed as an Assistant Professor at the Goa Institute of Management (GIM), a private self-finance stand...

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Supreme Court Allows Appeal in Pension Interest Case — No Interest on Delayed DCRG and CVP When Judicial Proceedings Were Pending at Retirement. Rule 4 of Central Civil Services (Commutation of Pension) Rules, 1981 disentitles commutation during pendency of judicial proceedings.

The case pertains to an appeal by the Chief General Manager, Gujarat Telecom Circle, Bharat Sanchar Nigam Ltd. and others against the judgment of the ...

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Bombay High Court Allows Retired Bank Employee's Petition Against Unilateral Withholding of Pension. Pension is a property right and cannot be stopped without show cause notice or disciplinary proceedings under Bank of Maharashtra Pension Regulations.

The petitioner, Devanand s/o Galomal Nichwani, was a computer operator/clerk at Bank of Maharashtra, Jaripatka Branch, Nagpur. He opted for voluntary ...

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Karnataka High Court Allows Appeal by Corporation, Upholds Compulsory Retirement of Employee for Refusing Transfer. Employer's Right to Transfer Employee is a Fundamental Management Prerogative and Refusal Constitutes Misconduct Justifying Dismissal.

The case involves an intra-court appeal by the Karnataka Food and Civil Supplies Corporation Limited against an order of a learned Single Judge dated ...

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Bombay High Court Adjudicates on Validity of HPCL Notifications Discontinuing and Revising Pension Benefits. The Court Examines Whether Employees Recruited Post-Acquisition and Retired Under ESSO/LIL Plans Are Entitled to Pension Protections Under ESSO Act, 1974 and Amalgamation Order.

The case involved a writ petition under Article 226 of the Constitution of India filed by the Pensioners Social & Welfare Association, a registered so...

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Bombay High Court Allows Writ Petition Challenging Reduction of Pension and Recovery of Excess Payment. Employer's Order Reducing Pay Fixed at Retirement and Recovering Excess Amount Set Aside as Violative of Principles of Natural Justice and Unreasonable.

The petitioner, Vijay Sambrao Bharati, a retired employee of Maharashtra Jeevan Pradhikaran, challenged an order of his employer that reduced the pay ...