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Bombay High Court Dismisses Petition for Reinstatement Based on Post-Retirement Government Resolutions. Government Resolutions enhancing superannuation age from 58 to 60 years, issued after petitioner's retirement, cannot be applied retrospectively to reinstate a retired employee.

The petitioner, Assanchand Jain, was a Lecturer in the Electrical Engineering Department at Veermata Jijabai Technological Institute (VJTI). He attain...

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Bombay High Court Dismisses Petition Challenging Transfer Order in ONGC — No Violation of Service Rules Found. Transfer order issued on administrative grounds upheld as petitioner failed to establish mala fides or breach of transfer policy.

The petitioner, Rajinder Paul Bharadwaj, was working as Manager (MM) in the Oil and Natural Gas Corporation Ltd. (ONGC) at Mumbai. He was transferred ...

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Bombay High Court Allows Petitions of Leading Firemen/Tandel Against Reduction of Retirement Age from 60 to 58 Years. Reclassification of Post from Class-IV to Class-III Does Not Automatically Change Retirement Age Fixed Under Municipal Service Regulations, 1954.

The judgment concerns three writ petitions filed by Leading Firemen/Tandel (also referred to as Tandel) employed with the Pune Municipal Corporation, ...

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Bombay High Court Allows Compassionate Pension Claim of Removed Teacher Under Rule 101 of Maharashtra Civil Services (Pension) Rules, 1982. Distinction Between Removal and Dismissal Determines Eligibility for Compassionate Pension.

The petitioner, Nalini Shende, was appointed as a temporary teacher at Smt. Jankidevi Jaiswal Prathmik Vidyalaya, Nagpur, and was granted permanency f...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Leave Encashment Dispute — Recovery of Mistaken Payment from Gratuity Held Unjust. Petitioner's Leave Encashment Payment Was Not Mistaken as Government Resolution Did Not Apply to Non-Teaching Staff of Social Work Colleges.

The petitioner, Prakash Suryabhanji Ninghot, was appointed as a Peon on 01.10.1982 with respondent 5-College, a 100% grant-in-aid Social Work college....

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Supreme Court Allows Appeal Against Withholding of Pension and Gratuity During Pendency of Criminal Proceedings. State of Bihar's Circulars and Resolution Cannot Override Rule 43(b) of Bihar Pension Rules, 1950 Which Requires a Finding of Guilt Before Withholding Pension.

The appellant, Dr. Hira Lal, was a Touring Veterinary Officer in Bihar who was implicated in the Fodder Scam (RC Case No.48 A/1996) and placed under s...

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Bombay High Court Dismisses Writ Petition Challenging Industrial Court Order on Retirement Age of Workmen. Workmen who opted for NTC service conditions cannot claim retirement at 60 years under earlier settlement and award.

The petitioners, workmen of India United Mills, Mumbai, which was taken over by the National Textile Corporation under the Sick Textiles Undertakings ...

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Bombay High Court Quashes Premature Retirement Order Against Employee in National Textile Corporation — Violation of Natural Justice and Lack of Application of Mind. Order Set Aside as Corporation Failed to Consider Employee's Representation and Did Not Follow Its Own Premature Retirement Scheme.

The petitioner, Vasant Lalchand Shah, joined the National Textile Corporation (NTC) in December 1978 as a Weaving Master. He had prior experience of o...