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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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Bombay High Court Allows Teacher's Petition Against Pay Reduction and Recovery Order — Recovery of Excess Payment Set Aside Due to No Misrepresentation. Pay Fixation Error by Employer Cannot Be Recovered from Employee Without Show Cause Notice.

The petitioner, Premchand Nathu Patil, was appointed as an Assistant Teacher on 16.06.1989 in a secondary school run by respondent No. 5 institute. He...

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Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Barring Recovery of Excess Salary Paid Due to Employer's Error. Employer Cannot Recover Excess Payment When Employee Did Not Misrepresent and Recovery Would Cause Hardship.

The case involves a challenge by the Union of India and others against an order of the Central Administrative Tribunal (CAT) which directed the petiti...

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Madras High Court Quashes Recovery Order Against Senior Bailiff in Service Matter Due to Departmental Error. Recovery of Excess Salary for 29-Year Period Set Aside as No Misrepresentation Shown, Causing Extreme Hardship Under Article 226 of Constitution.

The petitioner, who was appointed as a Senior Bailiff in 1993, received an Official Memorandum dated 09.06.2022 from the 6th respondent stating that h...

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High Court Quashes Recovery Orders for Excess Salary Paid to Retired Government Employee — Employee Not at Fault for Wrong Pay Fixation. Recovery of excess salary impermissible when promotional orders stand, following precedent in Gajanan Prabhakarrao Pande v. Maharashtra Jeevan Pradhikaran.

The dispute arose from a service matter involving a retired employee of Maharashtra Jeevan Pradhikaran who challenged recovery of alleged excess salar...

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Bombay High Court Quashes Recovery of Rs.1,40,030 from Retired Teacher in Pay Fixation Error Case. Recovery from Pensionary Benefits Without Prior Notice Held Unjust and Contrary to Supreme Court Precedent.

The petitioner, Grace George Pampoorickal, was appointed as an Assistant Trained Teacher in 1970 and retired on 28 February 2010. Her last drawn pay w...

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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...