Search Results for "Rafiq Masih principles"

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Search Results for "Rafiq Masih principles"

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High Court

Madras High Court Partly Allows Writ Petition Against Recovery of Excess Pay; Recovery Set Aside as Impermissible Under Rafiq Masih Principles Despite Confirmed Pay Revision. Court Holds That Recovery from a Group C Employee After More Than Five Years, in Absence of Misrepresentation, Constitutes Hardship and Falls Within Impermissible Categories Enumerated in State of Punjab v. Rafiq Masih.

20 Jul 2026

The petitioner, V. Thangadurai, was working as a Translator under the second respondent, the Principal District Judge, Kallakurichi, and later promote...

High Court

Madras High Court Dismisses State's Appeal Against Refund Order in Service Matter Concerning Pay Refixation. The Division Bench Upholds Single Judge's Direction to Refund Excess Salary Recovered from Employee, Applying Principles from State of Punjab v. Rafiq Masih (2015) 4 SCC 334, Despite Confirmed Refixation of Pay.

15 Jul 2026

The dispute arose from an order of refixation of pay and consequential recovery issued by the Director of Public Health and Preventive Medicine and ot...

High Court

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.

15 Jul 2026

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 ...

High Court

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.

9 Jul 2026

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...

High Court

High Court of Madras Partly Allows Writ Petition Challenging Recovery of Excess Pay; Recovery Set Aside but Pay Revision Upheld. Court Applies Principles from State of Punjab v. Rafiq Masih, Holding Recovery Impermissible When Employee Belongs to Group C Service and No Misrepresentation, While Confirming Audit-Based Pay Revision.

8 Jul 2026

The writ petition was filed under Article 226 of the Constitution of India by Sivasakthi, a Computer Operator working at the Principal District Court,...

High Court

Gujarat High Court Quashes Recovery of Excess Salary from Employees Without Hearing. Recovery of excess payment made due to wrong pay fixation without opportunity of hearing and at fag-end of service is arbitrary and violative of principles of natural justice.

16 Feb 2026

The petitioners, employees of the respondent-Corporation, were promoted and granted stepping up of pay in 1996. In 2012, the Corporation sought to rec...

High Court

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.

1 Oct 2025

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...

High Court

Madras High Court Quashes Recovery Order Against Retired Agricultural Officer for Excess Pension Due to Violation of Natural Justice and Prolonged Delay. Recovery of Inadvertently Paid Excess Pension Without Misrepresentation or Fraud Held Impermissible Under Article 226 of Constitution of India.

21 Mar 2025

The petitioner, a former Agricultural Officer, retired on 30.04.2014 and was receiving a monthly pension of Rs.43,921 under PPO No.RO-713261. The resp...

High Court

Madras High Court Quashes Recovery Against Retired Employee in Service Pay Excess Case — Recovery Impermissible When Not Due to Employee's Fault. Recovery of Excess Pay from Terminal Benefits of Retired Employee Declared Illegal Under Article 226; Amount Already Deducted Ordered to Be Refunded with 6% Interest.

6 Feb 2025

The petitioner, a retired employee of Anna University, filed a writ petition under Article 226 challenging a recovery order dated 16.07.2019 and seeki...

High Court

Bombay High Court Allows Writ Petition Challenging Land Acquisition Under Maharashtra Industrial Development Act, 1961 — Land Acquisition Lapses Due to Non-Compliance with Section 11(2) and Failure to Pay Compensation Within Five Years. The court held that non-payment of compensation within five years from the date of award under Section 11(2) of the Maharashtra Industrial Development Act, 1961 results in lapse of acquisition, and directed return of possession.

30 Nov -0001

The petitioners, ten retired individuals, filed a writ petition challenging the acquisition of their lands by the Maharashtra Industrial Development C...

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