Search Results for "recovery after superannuation"

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Bombay High Court Allows Widow's Petition Quashing Recovery from Gratuity in Pay Fixation Error Case. Recovery of Excess Payment Made to Deceased Government Employee Without Notice Violates Natural Justice and Cannot Be Deducted from Death Gratuity.

The petitioner, Jayshri w/o Sanjay Chandode, is the widow of Sanjay Bhagirath Chandode, a government employee who worked as a peon in the office of Re...

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High Court Allows Writ Petition Quashing Orders Treating Termination Period as Break in Service and Recovery of Excess Amount from Pensionary Benefits. Reinstatement Without Back Wages Does Not Imply Break in Service, and Recovery from Retired Employee is Impermissible Under Supreme Court Guidelines.

The dispute arose from a writ petition filed by a former driver employed by the Zilla Parishad, Kolhapur, challenging orders that declared his termina...

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Bombay High Court Quashes Show Cause Notice Issued on Retirement Day for Non-Submission of Caste Validity Certificate. Departmental Action Initiated After Superannuation Without Pending Proceedings or Pension Disallowance Is Barred by Service Rules.

The petitioner, Narendra K. Kumbhare, was employed with United India Insurance Co. Ltd. from 24.04.1985 as a Typist and was promoted over the years, u...

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Bombay High Court Allows Writ Petition for Release of Retirement Benefits Withheld Due to Caste Certificate Dispute — DOPT Circular Cannot Be Applied Retrospectively Without Following Principles of Natural Justice.

The petitioner, Dilip Chintaman Nandankar, was a Development Officer appointed on 20.05.1987 in the Scheduled Tribe (ST) category in the New India Ass...

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Bombay High Court Allows Retired Employee's Petition Against Recovery of Excess Payment Under Time Bound Promotion Scheme. Recovery of Rs.2,58,711/- Set Aside as No Misrepresentation by Employee and Recovery Ordered Without Notice Violates Natural Justice.

The petitioner, Ajabrao Rambhau Patil, was appointed as Technical Assistant on 16.02.1982 in the office of respondent no.3. The post was later abolish...

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Bombay High Court Quashes Recovery of Salary from Retired Head Teacher Due to Delay and Lack of Misrepresentation. Recovery of overpayment made to a retired employee after a lapse of 4 years 11 months from retirement is unsustainable in law.

The petitioner, Donald Daniel Ferreira, was initially appointed as a Teacher in respondent no.9 school on 1 August 1990 and later appointed as Head Te...

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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 Allows Writ Petition Challenging Post-Retirement Enquiry and Non-Payment of Gratuity. Employer cannot initiate disciplinary proceedings after superannuation as no employer-employee relationship exists; gratuity cannot be withheld pending enquiry.

The petitioner, Dhairyasheel A. Jadhav, superannuated from the services of Maharashtra Agro Industrial Development Corporation Ltd. on 31.12.2003. On ...