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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Salary from Retired Employee's Pension. Recovery from retiral dues set aside as employee did not misrepresent and pay fixation was departmental error.

The Petitioner, Vinay Mhatre, was appointed as a Tracer in the Maharashtra Jeevan Pradhikaran (formerly Maharashtra Water Supply & Sewerage Project Bo...

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Supreme Court Upholds Conviction but Grants Probation to Accused in Cruelty Case Under Section 498A IPC - Imprisonment Set Aside Due to Clean Antecedents, Long Passage of Time, and Welfare of Dependent Child, with Probation Ordered Under Section 360 CrPC and Probation of Offenders Act, 1958.

The appeal arose from a judgment of the High Court of Judicature at Madras, which partly allowed a criminal appeal under Section 374(2) CrPC, maintain...

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KAHC030058312022_1

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High Court of Bombay at Goa Allows Petitioners to Summon Bank Manager and Registrar of Firms as Witnesses in Civil Suit — Trial Court's Rejection Set Aside for Failure to Apply Correct Legal Test Under Order 16 Rule 1 CPC

The petitioners, who are plaintiffs in a civil suit, filed applications under Order 16 Rule 1 of the Code of Civil Procedure, 1908 (CPC) to summon the...

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Bombay High Court Quashes Recovery of ACP Benefit from Retired Disabled Peon in Violation of Supreme Court Precedents and Section 47(2) of the Persons with Disabilities Act, 1995. Recovery After Superannuation Held Impermissible and Denial of ACP Scale Due to Disability Found Discriminatory.

The petitioner, a 55% disabled peon employed with the Zilla Parishad, Amravati, was promoted to Junior Assistant on 05.04.2006. He declined the promot...

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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 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 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 Dismisses Writ Petition by Employees of Private Unaided Educational Institutes Seeking Regularisation. Institutes Not 'Schools' Under Maharashtra Employees of Private Schools Act, 1977, Hence No Entitlement to Absorption.

The petitioners, numbering 41 individuals, were employees of two private unaided educational institutes: Adv. V. R. Manohar Institute of Diploma in Ph...