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Madras High Court Dismisses State’s Appeal on Counting Part-Time Service for Pension Under Rule 11 of Tamil Nadu Pension Rules, 1978. The Court Relied on a Common Judgment Holding that Rule 11’s Welfare Provision for Temporary Service Cannot Be Extended to Part-Time Panchayat Clerks.

Background: The present intra-court appeal under Clause 15 of the Letters Patent was filed by the State of Tamil Nadu, represented by the Principal Se...

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Madras High Court Allows State Appeal in Pension Matter — Part-Time Service Not Countable Under Tamil Nadu Pension Rules, 1978. Rule 11(2) and 11(4) Exclude Part-Time Employees from 50% Service Counting, and Erroneous Orders Cannot Be Perpetuated Under Article 14.

The dispute arose out of a claim by a former part-time Panchayat Clerk, S. Balakrishnan, who sought counting of 50% of his part-time service for pensi...

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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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High Court of Karnataka Allows Writ Petition for PL Encashment Despite Dismissal — Penalty of Dismissal Does Not Forfeit Privilege Leave Encashment Unless Service Rules Expressly Provide. Leave encashment is a vested right and not forfeited by dismissal in the absence of express rule.

The petitioner, G. Linganagouda, a former Assistant Manager of Pragathi Krishna Gramina Bank (now Karnataka Gramina Bank), was dismissed from service ...

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Bombay High Court Allows Revenue's Appeal on Employees' Contribution Deduction in Income Tax Case. Employees' contribution to PF/ESI/pension fund is deductible under Section 36(1)(va) only if paid before due date, not under Section 43B.

The case involves two appeals filed by the Commissioner of Income Tax under Section 260A of the Income Tax Act, 1961, against the common order of the ...

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Bombay High Court Dismisses Petition of Part-Time Lecturer Seeking Pensionary Benefits — Government Resolution Excluding Part-Time Teachers from Pension and Gratuity Upheld as Not Arbitrary or Violative of Articles 14 and 16 of the Constitution.

The petitioner, Ms. Laxmi Anant Paranjpe, a retired part-time lecturer at ILS Law College, Pune, filed a writ petition challenging the Government of M...

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Bombay High Court Dismisses Petition Seeking Counting of Prior Service for Pension Benefits Under ONGC Rules. Resignation from previous employment breaks continuity, and past service cannot be counted for rationalized promotion or pension under the Employees Pension Scheme 1995.

The petitioner, Mr. Seetaram s/o Ganpat Randale, filed a writ petition under Article 226 of the Constitution of India seeking directions to the respon...