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Madras High Court Disposes Writ Petition Challenging Show Cause Notice for Recovery of Excess Pay from Retired Employee. Recovery of Excess Salary Barred as per Rafiq Masih Principles Due to Long Delay and Hardship, but Re-fixation of Pay Permitted under Applicable Rules.

The writ petition was filed by a retired judicial employee against the Sub-Judge, Principal District Judge, and the Registrar General of the High Cour...

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Madras High Court Upholds Setting Aside of Recovery of Excess Salary Paid to Retired Government Employee. Recovery of excess payment made after retirement causes hardship and is not sustainable.

The case involves a writ appeal filed by the Deputy Director of Health Services and the Block Medical Officer against an order of a single judge setti...

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Madras High Court Upholds Compulsory Retirement of Postal Employee for Misconduct and Unauthorized Absence. Scooter Advance Misuse and Absence from Training Constitute Grave Misconduct Under CCS (CCA) Rules, 1965.

The petitioner, R.M. Jayakumar, was appointed as Sorting Assistant in the Postal Department on 13.06.1997. He was transferred to Paramakudi and joined...

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Bombay High Court Allows Petition Challenging SCEA Directive Excluding Retired Employees from Voter List in Salary Earner's Co-operative Bank Elections. Directive Issued Without Authority Under Maharashtra Co-operative Societies Act, 1960, and Bye-laws Permitting Retired Members to Vote Must Be Respected.

The petitioners, Nashik Zilla Sarkari and Parishad Karmachari Sahakari Bank Ltd. (a salary earner's co-operative bank) and some of its retired employe...

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Bombay High Court Dismisses Lecturer's Petition for Pension and Arrears in Service Dispute. Removal for Misconduct Disentitles Employee to Pensionary Benefits Under Maharashtra Civil Services (Pension) Rules, 1982.

The petitioner, Kulkarni Shashikant Bhavani, was appointed as a lecturer in Physical Education at B.P.C.A's College of Physical Education (respondent ...

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Bombay High Court Dismisses Lecturer's Petition for Pension and Arrears in Molestation Case — Petitioner's Removal from Service Upheld as Valid, No Entitlement to Pension or Arrears for Period of Absence.

The petitioner, a former lecturer in Physical Education at B.P.C.A's College of Physical Education, filed a writ petition under Article 226 of the Con...

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Bombay High Court Allows Second Appeal in Part in Recovery of Possession Case — Appellant Not a Tenant, No Substantial Question of Law Arises. The appellate court's order granting entire damages without separate inquiry under Order 20 Rule 12 CPC set aside, trial court's direction for inquiry restored.

The appellant, Rajendra Suryakant More, was a former employee of the respondent company, M/s Fixolite Wires & Cables Pvt. Ltd. He was provided with a ...

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Bombay High Court Dismisses Petition by Employer Challenging Dismissed Employee's Entitlement to Gratuity Under Payment of Gratuity Act, 1972. Dismissal Constitutes 'Retirement' Under Section 2(q) and Forfeiture Requires Specific Order Under Section 4(6) — Employee Entitled to Gratuity Despite Dismissal.

The case involves a writ petition filed by the Chairman cum Managing Director of Western Coalfields Ltd. challenging the entitlement of respondent No....

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Bombay High Court Quashes Reappointment of Superintendent in Gurudwara Board Case Due to Lack of Statutory Approval. Pay Fixation Set Aside as Contrary to Prescribed Pay Band Under Maharashtra Act No. XXV of 1956.

The petitioners, Sardar Surinder Singh and Sardar Ravinder Singh, members of the Sikh community, filed a writ petition challenging the order dated 21....