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Bombay High Court Allows Petition of Retired Employee in Excess Payment Recovery Case — Recovery from Pension Without Hearing Violates Natural Justice. Recovery of Rs.1,35,513/- from pension quashed as no opportunity of hearing was given before ordering recovery.

The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer Statistics by the respondent no.5 on 19.10.1994. He was granted higher p...

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Madras High Court Partly Allows Writ Petition Quashing Recovery of Excess Pay from Government Employee; Holds Recovery After Long Delay Without Misrepresentation Impermissible Under Rafiq Masih Principles, Confirms Pay Revision and Directs Refund of Amount Recovered.

The case arose from a writ petition filed under Article 226 of the Constitution of India by D. Sivakumar, a government employee working as Central Naz...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Liquidator. Recovery Certificate for Rs.4,44,216/- upheld as compromise was validly entered into and not challenged.

The Petitioner, Adarsh Janata Sahakari Bank Ltd. and its Liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Excess Payment Case — Recovery from Pension Without Opportunity of Hearing Violates Natural Justice. Recovery of Rs.1,35,513/- from pension of retired Extension Officer set aside for non-compliance with principles of natural justice.

The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer (Statistics) by the Zilla Parishad, Jalgaon on 19.10.1994. He was grante...

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Bombay High Court Allows Retired Professor's Petition, Quashes Recovery from Gratuity and Pension. Recovery of Rs.8,43,782/- from retiral benefits set aside as employer failed to prove misrepresentation or fraud by employee, and recovery from pension/gratuity is impermissible under settled law.

The petitioner, Ganesh Sitaram Magar, a retired Ayurved professor, challenged the recovery of Rs.8,43,782/- from his gratuity and pension benefits. He...

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Madras High Court Partly Allows Writ Petition in Service Matter — Recovery of Excess Pay Set Aside Due to Hardship and Absence of Misrepresentation. Recovery of Rs.39,343 Quashed as Employee Was Class IV, No Fraud, and Excess Payment Was Over Five Years Old; Pay Revision Based on Audit Objection Upheld.

The High Court of Madras considered a writ petition under Article 226 of the Constitution filed by T. Seshadri, a Dalayat in the subordinate judiciary...

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High Court of Madras Partly Allows Writ Petition in Service Matter — Recovery of Excess Pay Set Aside Despite Pay Revision Confirmed. Employee's Excess Pay Recovery Set Aside as Employer Error Without Misrepresentation, Applying Rafiq Masih Principles.

The writ petition was filed by A. Shenbagavalli, an employee of the subordinate judiciary in Tamil Nadu, who was appointed as a Copyist on 13.01.1999 ...

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Madras High Court Partly Allows Writ Petition Against Recovery of Excess Pay from Steno-Typist. Recovery Set Aside on Grounds of Hardship as Employee Belonged to Group C Service, Excess Payment Exceeded Five Years, and No Misrepresentation Found, Following State of Punjab v. Rafiq Masih.

The dispute arose when the petitioner, K. Amutha, a Steno-Typist serving in the judicial department of the State of Tamil Nadu, was confronted with a ...