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Bombay High Court Allows Writ Petition Challenging Post-Retirement Re-Fixation of Pay Without Notice. Re-fixation of pay after retirement without affording opportunity of hearing violates principles of natural justice.

The petitioner, Naeem Ahmedkhan s/o Dilawarkhan, a retired government servant, filed a writ petition before the Bombay High Court at Aurangabad challe...

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Bombay High Court Dismisses Employer's Challenge to Industrial Court Order Quashing Recovery of Excess Salary Paid Due to Employer's Mistake. Recovery of Rs.1,94,637/- from Retired Employee Set Aside as Employer's Inadvertence Cannot Be Visited on Employee.

The respondent, Sou. Anjali Anil Tare, was appointed as a Lower Division Clerk (LDC) in 1977 and passed her lower division grade examination in 1980, ...

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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...

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Bombay High Court Allows Pensioner's Writ Petition for Fixation of Pay Scale and Pensionary Benefits in Education Service — Held that Petitioner is Entitled to Pay Scale of Trained Graduate Teacher and Pensionary Benefits from Date of Initial Appointment.

The petitioner, Walmik Sitaram Sirsath, was appointed as an Assistant Teacher in the Government D.Ed. College, Neknoor, on 1.12.1984. He possessed a B...

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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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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.

The petitioners, employees of the respondent-Corporation, were promoted and granted stepping up of pay in 1996. In 2012, the Corporation sought to rec...

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Bombay High Court Dismisses Sugar Factory Petitions Challenging Levy Sugar Price Fixation Under Essential Commodities Act. Court upholds government's power to fix levy sugar price based on statutory provisions and policy considerations.

The judgment concerns two writ petitions filed by cooperative sugar factories challenging the price fixed by the Central Government for levy sugar und...

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Supreme Court Dismisses Union of India's Appeals in Special Pay Pension Case for Scientists. Special pay of Rs.2,000/- and Rs.4,000/- granted to Scientists in DRDO, DAE, and DOS is to be counted for pension and pensionary benefits.

The Union of India filed a batch of appeals against judgments of the Central Administrative Tribunal and various High Courts that allowed the claims o...

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Bombay High Court Dismisses Petition Seeking Permanency for Hospital Employee — Industrial Court's Finding of No Continuous Service Upheld. Employee Failed to Establish 240 Days of Work in 12 Months Under Section 5-B of MRTU & PULP Act, 1971.

The petitioner, Kumar Dashrath Kamble, filed a writ petition before the Bombay High Court challenging the judgment and order dated 3 May 2023 passed b...