Search Results for "recovery impermissible"

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Search Results for "recovery impermissible"

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High Court

Madras High Court Partly Allows Writ Petition Against Recovery of Excess Pay; Recovery Set Aside as Impermissible Under Rafiq Masih Principles Despite Confirmed Pay Revision. Court Holds That Recovery from a Group C Employee After More Than Five Years, in Absence of Misrepresentation, Constitutes Hardship and Falls Within Impermissible Categories Enumerated in State of Punjab v. Rafiq Masih.

20 Jul 2026

The petitioner, V. Thangadurai, was working as a Translator under the second respondent, the Principal District Judge, Kallakurichi, and later promote...

High Court

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.

10 Jul 2026

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...

High Court

Gujarat High Court Allows Petition of Daily Wagers Against Recovery of Excess Salary. Recovery Order Quashed as Arbitrary Under Article 226 of Constitution of India for Payments Made Under Government Resolution Without Misrepresentation.

23 Feb 2026

The petitioners, nine daily wagers employed with the respondent State of Gujarat, challenged a recovery order dated 04/02/2013 (No.113 of 2013) seekin...

High Court

High Court Allows Writ Petition Quashing Recovery Order Against Retired Teacher -- Pensionary Benefits Ordered to Be Released Under Article 226 and Supreme Court Guidelines

17 Feb 2026

The petitioner, a retired teacher, filed a writ petition under Article 226 of the Constitution of India to quash an order dated 08.06.2007 that direct...

High Court

High Court of Karnataka Allows Writ Appeal by State Bank of India Against Single Judge Order Directing Release of Title Deeds, Holding That Bank Has a Lien Over Deposited Title Deeds Under Section 171 of the Contract Act, 1872, and That the Borrowers Must Repay the Loan Before Seeking Return of Documents.

4 Apr 2025

The case involves a writ appeal filed by the State Bank of India (appellants) against an order of a Single Judge dated 20.06.2024 in W.P.No.201339/202...

High Court

Madras High Court Quashes Recovery Against Retired Employee in Service Pay Excess Case — Recovery Impermissible When Not Due to Employee's Fault. Recovery of Excess Pay from Terminal Benefits of Retired Employee Declared Illegal Under Article 226; Amount Already Deducted Ordered to Be Refunded with 6% Interest.

6 Feb 2025

The petitioner, a retired employee of Anna University, filed a writ petition under Article 226 challenging a recovery order dated 16.07.2019 and seeki...

High Court

Bombay High Court Allows Retired Teacher's Petition, Quashes Recovery of Excess Salary from Gratuity — Recovery Held Invalid as No Fraud or Misrepresentation by Employee. Excess payment due to employer's mistake in pay fixation under Maharashtra Civil Services (Revised Pay) Rules, 2009 cannot be recovered from retiral benefits after retirement.

7 Oct 2023

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

High Court

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.

7 Oct 2023

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

High Court

Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

5 Feb 2020

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Recovery of Security Deposit Under RDB Act. Security Deposit Refund Under Leave and License Agreement is Not a 'Debt' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, as It Does Not Arise from a Banking Transaction or Financial Assistance.

19 Oct 2018

The petitioner, HDFC Bank Ltd., a private sector bank, filed a writ petition challenging the order of the Debt Recovery Tribunal (DRT) at Pune, which ...

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