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Bombay High Court Allows Writ Petition Against Recovery of Overpayment from Retired Teacher's Terminal Benefits. Overpayment due to wrong pay fixation under Sixth Pay Commission cannot be recovered after retirement, especially when no misrepresentation by employee.

The petitioner, Issak Abbas Hawaldar, was appointed as a Primary Teacher in Panchayat Samiti, Arale, in November 1976 as a Class-IV employee. He retir...

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High Court of Karnataka Quashes Controlling Authority's Orders Deferring Gratuity Payment Due to Pending Criminal Proceedings. Statutory Right to Gratuity Under Section 4 of Payment of Gratuity Act, 1972 Cannot Be Withheld Pending Criminal Case.

The petitioner, Shri B. Premananda Pai, a former Senior Manager of Vijaya Bank, filed a writ petition under Articles 226 and 227 of the Constitution o...

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Bombay High Court Allows Writ Petition for Leave Encashment Withheld by Employer After Superannuation. Withholding of leave encashment on ground of pending departmental inquiry is impermissible as leave encashment is a vested right and not a gratuity or pension.

The petitioner, Pradip Kumar Roy, was appointed as a Junior Executive Trainee in CMPDI, Ranchi on 01/07/1981 and later transferred to the respondent-C...

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Supreme Court Dismisses Municipal Corporations' Appeals, Holds Payment of Gratuity Act, 1972 Applicable to Local Bodies via Central Notification. The Act overrides inconsistent state regulations, entitling employees to gratuity under the Act.

The Supreme Court dismissed two civil appeals filed by Nagar Ayukt Nagar Nigam, Kanpur and Nagar Nigam, Gorakhpur against orders of the Allahabad High...