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Gujarat High Court Quashes Recovery Order Against Employee in Voluntary Retirement Dispute — Employer Cannot Recover Excess Payment Without Opportunity of Hearing. Voluntary Retirement Application Deemed Accepted Under Rule 48 of CCS (Pension) Rules, 1972 When Not Rejected Within Notice Period.

The petitioner, Arjun Gorabhai Rathod, was an employee of the State of Gujarat. He applied for voluntary retirement on 19.10.2019 with a notice period...

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Bombay High Court Allows Retired Income Tax Commissioner's Petition for Full Pension and Retiral Benefits. Rule of 50% Deduction for Less Than 10 Years Qualifying Service Under Rule 49(2)(b) of CCS (Pension) Rules, 1972 Not Applicable to Petitioner Who Served Over 30 Years.

The petitioner, B.B. Rajendra Prasad, a retired Commissioner of Income Tax, filed a writ petition challenging the judgment of the Central Administrati...

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Bombay High Court Allows Interest on Delayed Gratuity from Date of Retirement in Corruption Case Acquittal. Interest under Section 7(3A) of Payment of Gratuity Act, 1972 is payable from retirement date, not acquittal date, as gratuity becomes due on retirement regardless of pending criminal prosecution.

The petitioner, Vinodkumar Narayan Dixit, a former Deputy Collector, retired on 1st April 1997 while a criminal prosecution under the Prevention of Co...

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Bombay High Court Allows Writ Petition Against Recovery of Overpayment from Retired Teacher's Terminal Benefits. Overpayment due to wrong pay fixation under Sixth Pay Commission cannot be recovered after retirement, especially when no misrepresentation by employee.

The petitioner, Issak Abbas Hawaldar, was appointed as a Primary Teacher in Panchayat Samiti, Arale, in November 1976 as a Class-IV employee. He retir...

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High Court of Karnataka Allows Writ Petition Challenging Reduction of Pension by Syndicate Bank — Violation of Natural Justice and Pension Regulations. Reduction of two-third pension without show cause notice set aside; bank directed to restore full pension and pay arrears.

The petitioner, B. Narayana Rao, was appointed as a Clerk in Syndicate Bank on 22.5.1972 and rose to the position of Senior Manager in Grade Scale-V b...

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Bombay High Court Quashes Termination of Hostel Superintendents in Tribal Area — Retrenchment Without Notice and Without Following Government Resolutions Violates Principles of Natural Justice. Termination Order Casting Stigma Without Inquiry Set Aside; Reinstatement with Back Wages Granted.

The petitioners, Smt. Kokila Gujrya Padvi and Divlya @ Dinkar Rotu Padavi, were employed as Hostel Superintendents by the Adivasi Satpuda Shikshan Pra...

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Bombay High Court Dismisses Employer's Petition Challenging Commissioner's Order on Retirement Age and Back Wages. Workman Held Entitled to Wages Including Back Wages Under Industrial Disputes Act, 1947.

The petitioner, M/s Sirsat Lodge, challenged an order dated 12.11.2013 passed by the Commissioner, Labour and Employment, Panaji, in CLE/(REC-17)/2011...

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Bombay High Court Allows Appeal Against Deduction from Gratuity for Cooperative Loan Repayment. Employer Cannot Deduct Gratuity for Loan to Cooperative Society Unless It Is a Government Due Under Rule 132 read with Rule 134 of Maharashtra Civil Service (Pension) Rules, 1982.

The appellant, Ashfaq Husain, was a Section Officer with Zilla Parishad, Washim. Upon his retirement, the respondents (Chief Executive Officer, Block ...