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Supreme Court Allows Appeal of Retired Employees Against Recovery Orders in Service Law Case Due to Lack of Hearing and Erroneous Employer Interpretation. Recovery of Excess Payments After Retirement Held Illegal as No Misrepresentation by Employees and Based on Equity Principles to Prevent Hardship.

The dispute involved retired stenographers who had been granted financial benefits in 2017 based on the Shetty Commission recommendations, which were ...

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Madras High Court Quashes Recovery Order Against Retired Agricultural Officer for Excess Pension Due to Violation of Natural Justice and Prolonged Delay. Recovery of Inadvertently Paid Excess Pension Without Misrepresentation or Fraud Held Impermissible Under Article 226 of Constitution of India.

The petitioner, a former Agricultural Officer, retired on 30.04.2014 and was receiving a monthly pension of Rs.43,921 under PPO No.RO-713261. The resp...

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Bombay High Court Allows Retired Head Master's Petition for Pension and Benefits Despite Post-Retirement Disciplinary Inquiry. Disciplinary Inquiry Initiated After Superannuation Without Statutory Authority is Invalid and Pension Cannot Be Withheld.

The petitioner, Ashok Ramrao Kadam, was appointed as an Assistant Teacher on 9 August 1984 and later promoted as Head Master. He served until his supe...

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Bombay High Court Quashes Recovery Order Against Retired Employee in Leave Encashment Dispute — Recovery of Mistaken Payment from Gratuity Held Unjust. Petitioner's Leave Encashment Payment Was Not Mistaken as Government Resolution Did Not Apply to Non-Teaching Staff of Social Work Colleges.

The petitioner, Prakash Suryabhanji Ninghot, was appointed as a Peon on 01.10.1982 with respondent 5-College, a 100% grant-in-aid Social Work college....

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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 Allows Writ Petition for Pensionary Benefits of Retired Lecturer Under Maharashtra Pension Rules. Petitioner entitled to regular pension, gratuity, commutation, and leave encashment with interest for 30 years 1 month of service in aided colleges.

The petitioner, Dr. (Mrs.) Parvathi Venkatesh, a retired lecturer aged about 60 years, filed a writ petition under Article 226 of the Constitution of ...

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Bombay High Court Allows Petition of Municipal Pensioners Association Against Differential Pension Revision. Classification of Pensioners Based on Retirement Date Held Arbitrary Under Article 14.

The petitioner, Mumbai Municipal Pensioners Association, representing pensioners who retired from the Municipal Corporation of Greater Mumbai (MCGM) p...

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Bombay High Court Allows Petition of Municipal Pensioners Association Against Differential Pension Revision. Differential treatment of pre-2000 retirees violates Article 14; MCGM directed to revise pensions equally.

The petitioner, Mumbai Municipal Pensioners Association, representing pensioners who retired from the Municipal Corporation of Greater Mumbai (MCGM) p...

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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...