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Bombay High Court Allows Widow's Petition Quashing Recovery from Gratuity in Pay Fixation Error Case. Recovery of Excess Payment Made to Deceased Government Employee Without Notice Violates Natural Justice and Cannot Be Deducted from Death Gratuity.

The petitioner, Jayshri w/o Sanjay Chandode, is the widow of Sanjay Bhagirath Chandode, a government employee who worked as a peon in the office of Re...

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Bombay High Court Allows Retired Employees' Writ Petition for Pensionary Benefits Under Maharashtra Civil Services (Pension) Rules, 1982. Held that aided non-government educational institutions are bound to adopt government pension scheme for employees who retired after the cut-off date.

The petitioners, thirteen retired employees of Dr. Punjabrao Deshmukh Polytechnic, Amravati (respondent No.4), which is run by Shivaji Education Socie...

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Supreme Court Quashes High Court Order in MACP Scheme Case Due to Erroneous Interpretation of Grade Pay Entitlement. Employees Entitled to Immediate Next Higher Grade Pay of Rs.5400 Under Clause 8.1 of MACP Scheme and CCS (Revised Pay) Rules, 2008, Not Based on Next Promotional Post.

The dispute arose from a challenge by the Director, Directorate of Enforcement, New Delhi, and another against a High Court order that granted grade p...

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Supreme Court Upholds Removal of Employee Convicted of Theft While Under Suspension — Limitation Bar Applied for Delayed Challenge. The Court held that a removal order under Rule 19(i) of CCS (CCA) Rules is not a continuing wrong and delay of 13 years cannot be condoned without sufficient cause.

The Supreme Court allowed the appeal filed by the All India Institute of Medical Sciences (AIIMS) against the judgment of the Delhi High Court, which ...

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High Court Allows Pensioner’s Petition for Stepping Up of Pay on Parity with Junior; Holds Denial After Earlier Tribunal Order in Identical Case Violates Article 14. Pay Fixation Anomaly Must Be Remedied for Senior Employees When Juniors Draw Higher Pay Due to Pay Commission Revisions.

The petitioner, a retired Junior Scientific Officer in the Ministry of Defence, sought refixation of his pay on par with his junior, Sahasrabudhe, aft...

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Bombay High Court Quashes Recovery of Salary from Retired Head Teacher Due to Delay and Lack of Misrepresentation. Recovery of overpayment made to a retired employee after a lapse of 4 years 11 months from retirement is unsustainable in law.

The petitioner, Donald Daniel Ferreira, was initially appointed as a Teacher in respondent no.9 school on 1 August 1990 and later appointed as Head Te...

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Bombay High Court Allows Writ Petition Challenging Reduction of Pension and Recovery of Excess Payment. Employer's Order Reducing Pay Fixed at Retirement and Recovering Excess Amount Set Aside as Violative of Principles of Natural Justice and Unreasonable.

The petitioner, Vijay Sambrao Bharati, a retired employee of Maharashtra Jeevan Pradhikaran, challenged an order of his employer that reduced the pay ...

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Bombay High Court Quashes Recovery of Alleged Excess Payments from D.Ed College Employees — Recovery Without Notice Violates Principles of Natural Justice. Refixation of Pay Scale and Grade Pay Set Aside as Unilateral and Without Opportunity of Hearing.

The judgment concerns a group of nine writ petitions filed by employees of D.Ed colleges in Maharashtra, challenging the recovery of amounts allegedly...

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Bombay High Court Allows Promotion Challenge in Port Trust Service Matter — Adverse Remarks Must Be Communicated Before Being Considered for Promotion. Uncommunicated adverse remarks cannot be used to deny promotion to Assistant Traffic Manager under Article 226 of Constitution of India.

The petitioner, Manuel Lourenco D'Costa, was an employee of the Board of Trustees of the Port of Mormugao (respondent No.1). He was appointed as a Cle...

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Bombay High Court Dismisses Petitions of Daily Wage Employees Challenging Termination — Appointments Were Irregular and Not Entitled to Regularisation. Termination Due to Completion of Project Is Not Illegal and Industrial Disputes Act Does Not Apply to Zilla Parishad.

The petitioners, 24 daily wage employees of Zilla Parishad, Dhule, filed writ petitions challenging their termination of services. They were appointed...