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Madras High Court Partly Allows State Appeal in Excess Salary Recovery Dispute; Sets Aside Interest Award in Retired Employee's Case. Recovery of Excess Salary Held Impermissible Absent Misrepresentation or Undertaking on the Eve of Retirement, Aligning with Principles Against Hardship.

The High Court of Madras adjudicated a writ appeal filed by the State of Tamil Nadu challenging a single judge's order that had directed refund of exc...

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Supreme Court Allows UPSC Appeal in IAS Promotion Case — Selection Committee's Assessment Upheld. Variation in Grading and Delay in Seniority Refixation Do Not Vitiate Selection Process Under IAS (Appointment by Promotion) Regulations, 1955.

The case pertains to the promotion of State Civil Service officers to the Indian Administrative Service (IAS) for the Tamil Nadu Cadre for the year 20...

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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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Bombay High Court Allows Writ Petition of Personal Secretaries for Pay Refixation by Merging Special Pay into Basic Pay. The court held that special pay granted for higher responsibilities must be merged upon promotion to a higher post, quashing the state's order denying the benefit.

The petitioners, an association of Personal Assistants, Private Secretaries, and Senior Private Secretaries of the Bombay High Court, along with an in...

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Bombay High Court Allows Petitions Challenging Recovery from Gratuity of Retired Class III and IV Employees. Recovery of excess payment made due to wrong pay fixation without fault of employee is impermissible after retirement.

The judgment concerns two writ petitions filed by retired Auxiliary Nurse Midwives (ANMs) employed with Zilla Parishad, Aurangabad. The petitioners, J...

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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 Allows Retired Employee's Petition Against Pension Refixation by Pune Municipal Corporation. Court holds that pension cannot be reduced without affording opportunity of hearing and that fixation of pay at time of promotion cannot be reopened after retirement.

The petitioner, Shri Shrikant Chintaman Joshi, was a retired employee of the Pune Municipal Corporation. He was appointed as an Overseer on 8th July 1...