Search Results for "Rafiq Masih principles"

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Madras High Court Quashes Recovery Order Against Employee in Pay Fixation Dispute. Recovery of Excess Pay for Over Five Years Without Employee's Fault Held Impermissible Under Article 226 of the Constitution, Applying Rafiq Masih.

The writ petition was filed by a Sheristadar working under the Subordinate Judge, Tirukoilur, challenging an office order for recovery of excess pay a...

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Madras High Court Partly Allows Writ Petition Quashing Recovery of Excess Pay from Government Employee; Holds Recovery After Long Delay Without Misrepresentation Impermissible Under Rafiq Masih Principles, Confirms Pay Revision and Directs Refund of Amount Recovered.

The case arose from a writ petition filed under Article 226 of the Constitution of India by D. Sivakumar, a government employee working as Central Naz...

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Madras High Court Partly Allows Writ Petition Against Recovery of Excess Pay from Steno-Typist. Recovery Set Aside on Grounds of Hardship as Employee Belonged to Group C Service, Excess Payment Exceeded Five Years, and No Misrepresentation Found, Following State of Punjab v. Rafiq Masih.

The dispute arose when the petitioner, K. Amutha, a Steno-Typist serving in the judicial department of the State of Tamil Nadu, was confronted with a ...

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Bombay High Court Allows Petition of Retired Employee in Excess Payment Recovery Case — Recovery from Pension Without Hearing Violates Natural Justice. Recovery of Rs.1,35,513/- from pension quashed as no opportunity of hearing was given before ordering recovery.

The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer Statistics by the respondent no.5 on 19.10.1994. He was granted higher p...

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Bombay High Court Allows Writ Petition of Retired Teacher Challenging Recovery of Gratuity and Salary. Recovery of Excess Payment from Class III Employee After Retirement Held Impermissible Under Principles of State of Punjab v. Rafiq Masih.

The petitioner, Laxman Sitaram Idde, was appointed as an Assistant Teacher in a Zilla Parishad Primary School on 20 January 1986. He was a District Aw...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Pay Fixation Dispute — No Misrepresentation by Employee. Recovery of Rs.3,46,931/- from pension set aside as order passed without notice and employee not responsible for pay fixation error.

The petitioner, Rangrao s/o Mersing Jadhav, was appointed as a Peon on 08.11.1983 and superannuated on 31.08.2017 as Junior Administrative Officer (Su...

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Bombay High Court Allows Retired Employee's Challenge to Recovery of Excess Pension Paid Due to Mistaken Inclusion of Promotional Increment. Recovery of excess payment after six years of retirement held impermissible as per principles against recovery from retired employees.

The petitioner, Tarachand s/o Urkudaji Gajbhiye, a retired government employee, was aggrieved by an order dated 19.1.2016 issued by respondent No. 2, ...

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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...