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Madras High Court Upholds Setting Aside of Recovery of Excess Salary Paid to Retired Government Employee. Recovery of excess payment made after retirement causes hardship and is not sustainable.

The case involves a writ appeal filed by the Deputy Director of Health Services and the Block Medical Officer against an order of a single judge setti...

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Bombay High Court Allows Writ Petition of Retired Teacher Challenging Recovery of Excess Salary from Gratuity. Recovery of Rs.1,39,316/- Set Aside as Payment Was Due to Departmental Error Without Misrepresentation by Employee.

The petitioner, Ashok Buchayya Pusalwar, was an Assistant Teacher with the Zilla Parishad, Gadchiroli, appointed on 24-10-1996. He voluntarily retired...

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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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Bombay High Court Quashes Recovery of Excess Salary from Retired Employee; Directs Pension Refixation and Payment of Benefits with Interest. Recovery impermissible as excess payment made for over five years and employee belongs to Class III, applying principles from State of Punjab v. Rafiq Masih.

The petitioner, Gendlal Dharkar, was initially appointed as a Tracer in Maharashtra Jeevan Pradhikaran on 27/09/1991. Over the years, he received a ti...

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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 Writ Petition of Deputy Registrars Challenging Recovery of Excess Salary Due to Mistaken Pay Rule Interpretation. Court holds that recovery of excess payments made without employee fault violates Article 300A of the Constitution and principles of equity.

The petitioners, eight former and current Deputy Registrars of the Bombay High Court, filed a writ petition challenging the decision of the Registrar ...

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Madras High Court Partly Allows Railway's Petition in Pay Revision and Recovery Case — Recovery from Retired Employee Quashed as Unjust. Pay Revision Upheld but Recovery from Retiree After Ten Years of Erroneous Pay Fixation Held Impermissible.

The case involves a writ petition filed by the Union of India, represented by the General Manager, Southern Railway, challenging an order of the Centr...