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Search Results for "excess work"

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High Court

Bombay High Court Allows Retired Teacher's Petition, Quashes Recovery of Excess Salary from Gratuity — Recovery Held Invalid as No Fraud or Misrepresentation by Employee. Excess payment due to employer's mistake in pay fixation under Maharashtra Civil Services (Revised Pay) Rules, 2009 cannot be recovered from retiral benefits after retirement.

7 Oct 2023

The petitioner, Ashok Buchayya Pusalwar, was an Assistant Teacher employed by the Zilla Parishad, Gadchiroli, appointed on 24-10-1996. He voluntarily ...

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

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.

15 Jul 2026

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...

High Court

Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Restraining Recovery of Excess Salary Paid to Employee Without Fraud or Misrepresentation. Recovery of excess payment made to an employee due to administrative error, without any fraud or misrepresentation by the employee, is not permissible.

6 Jun 2016

The Union of India filed a writ petition under Article 226 of the Constitution of India challenging an order of the Central Administrative Tribunal (C...

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 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.

28 Jul 2026

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...

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

Bombay High Court Allows Writ Petition of Deputy Registrars Challenging Recovery of Excess Salary Due to Mistaken Pay Rule Interpretation. Court holds that recovery of excess payments made without employee fault violates Article 300A of the Constitution and principles of equity.

10 Mar 2023

The petitioners, eight former and current Deputy Registrars of the Bombay High Court, filed a writ petition challenging the decision of the Registrar ...

High Court

Bombay High Court Allows Writ Petition of Retired Teacher Challenging Recovery of Excess Salary from Gratuity. Recovery of Rs.1,39,316/- Set Aside as Payment Was Due to Departmental Error Without Misrepresentation by Employee.

7 Oct 2023

The petitioner, Ashok Buchayya Pusalwar, was an Assistant Teacher with the Zilla Parishad, Gadchiroli, appointed on 24-10-1996. He voluntarily retired...

High Court

Bombay High Court Remands Overtime Allowance Claim to Central Administrative Tribunal for Fresh Determination in Light of Legislative Change. The Court held that the Tribunal must reconsider the claim under Section 59 of the Factories Act, 1948, after considering the Factories (Amendment) Act, 1987.

31 Jan 2006

The Union of India, through the Secretary, Ministry of Finance, Department of Economic Affairs, and others, filed a writ petition challenging the judg...

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