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Bombay High Court Allows Retired Head Master's Petition for Pension and Benefits Despite Post-Retirement Disciplinary Inquiry. Disciplinary Inquiry Initiated After Superannuation Without Statutory Authority is Invalid and Pension Cannot Be Withheld.

The petitioner, Ashok Ramrao Kadam, was appointed as an Assistant Teacher on 9 August 1984 and later promoted as Head Master. He served until his supe...

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Bombay High Court Dismisses Petition for Promotion to Law Officer Post in Municipal Corporation — Petitioner Not Entitled to Promotion as Appointment Was by Direct Recruitment and Petitioner Did Not Meet Eligibility Criteria.

The petitioner, Sanghmitra R. Sandansing, filed a writ petition seeking a direction to the Municipal Corporation of Greater Mumbai to promote her to t...

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Supreme Court Directs Appointment of Disabled Army Veteran as ITAT Member -- Quashes Compulsory Retirement Finding Mala Fide Actions and Departmental Vendetta -- Upholds SCSC Recommendations in Writ Petition Under Article 32

The Supreme Court allowed a writ petition filed by Captain Pramod Kumar Bajaj against the Union of India and another respondent -- The petitioner, a d...

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Supreme Court Reinstates Dismissal Order in CRPF Disciplinary Proceedings Due to High Court's Excessive Judicial Review. Judicial Review Limited to Procedural Fairness, Not Merits or Evidence Re-evaluation, Under Section 11(1) of CRPF Act, 1949 and Rule 27 of CRPF Rules, 1955.

The dispute arose from the dismissal of a General Duty Constable in the Central Reserve Police Force (CRPF) following departmental proceedings. The co...

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Bombay High Court Dismisses Municipal Corporation's Petition and Upholds Gratuity Payment with Interest. Withholding of Gratuity Pending Departmental Enquiry Without Forfeiture Order Violates Payment of Gratuity Act, 1972; Interest Awarded Under Section 7(3-A).

The Municipal Corporation of Greater Mumbai withheld the gratuity of a retired employee, Shri Vitthal Anna Kamble, on the ground that a departmental e...

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Bombay High Court Upholds Withholding of Pension for Misconduct in Municipal Corporation Cases. Pensionary benefits can be withheld under Pension Rules for misconduct committed during service, even after retirement, if proceedings are initiated within a reasonable time.

The judgment concerns two writ petitions filed by former employees of the Municipal Corporation of Greater Bombay (now Mumbai) challenging the Commiss...

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Supreme Court Allows Appeal Against Withholding of Pension and Gratuity During Pendency of Criminal Proceedings. State of Bihar's Circulars and Resolution Cannot Override Rule 43(b) of Bihar Pension Rules, 1950 Which Requires a Finding of Guilt Before Withholding Pension.

The appellant, Dr. Hira Lal, was a Touring Veterinary Officer in Bihar who was implicated in the Fodder Scam (RC Case No.48 A/1996) and placed under s...

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Bombay High Court Allows Writ Petition for Service Benefits to Former Assistant Teacher Granted Probation Under Probation of Offenders Act. Conviction under IPC does not automatically disentitle employee to consequential benefits when released on probation.

The petitioner, Abdul Rashid Abdul Latif Musalman, a former Assistant Teacher employed by the Zilla Parishad, Jalgaon, was convicted by the Additional...