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Madras High Court Upholds Setting Aside of Recovery of Excess Salary Paid to Retired Government Employee. Recovery of excess payment made after retirement causes hardship and is not sustainable.

The case involves a writ appeal filed by the Deputy Director of Health Services and the Block Medical Officer against an order of a single judge setti...

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Bombay High Court Allows Restoration of Pension Based on Last Pay Drawn Without Deduction of Advance Increments Granted 27 Years Prior - Principle of Equity Prevents Withdrawal of Long-Standing Benefits in Absence of Misrepresentation or Fraud

The petitioner, a Junior Hindi Stenographer, served with the Madhya Pradesh Government from 23.04.1977 to 20.11.1985. She then joined the respondent e...

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High Court of Karnataka Allows Writ Petition for Addition of Defence Service as Qualifying Service for Pension — Ex-Serviceman Entitled to Count Military Service Under Rule 3 of KPTCL Pension Regulations, 1999.

The petitioner, Sri R. Hanumatha Singh, an ex-serviceman who served in the Indian Air Force from 31.01.1972 to 08.05.1987, later joined the Karnataka ...

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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 Quashes Recovery of Rs.1,40,030 from Retired Teacher in Pay Fixation Error Case. Recovery from Pensionary Benefits Without Prior Notice Held Unjust and Contrary to Supreme Court Precedent.

The petitioner, Grace George Pampoorickal, was appointed as an Assistant Trained Teacher in 1970 and retired on 28 February 2010. Her last drawn pay w...

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Bombay High Court Allows Writ Petition Challenging Reduction of Pension and Recovery of Excess Payment. Employer's Order Reducing Pay Fixed at Retirement and Recovering Excess Amount Set Aside as Violative of Principles of Natural Justice and Unreasonable.

The petitioner, Vijay Sambrao Bharati, a retired employee of Maharashtra Jeevan Pradhikaran, challenged an order of his employer that reduced the pay ...

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Bombay High Court Allows Reference in Income Tax Case — Remands to Tribunal for Fresh Determination on Cessation of Liability Under Section 41(1) of Income Tax Act, 1961. Disputed Liability for Forest Produce Price Not Ceased Merely Because Assessee Did Not Pay Pending Adjudication.

The case involves an income tax reference by the Income Tax Appellate Tribunal to the Bombay High Court regarding the applicability of Section 41(1) o...

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Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Barring Recovery of Excess Salary Paid Due to Employer's Error. Employer Cannot Recover Excess Payment When Employee Did Not Misrepresent and Recovery Would Cause Hardship.

The case involves a challenge by the Union of India and others against an order of the Central Administrative Tribunal (CAT) which directed the petiti...

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Bombay High Court Dismisses Petitions of Daily Wage Employees Challenging Termination — Appointments Were Irregular and Not Entitled to Regularisation. Termination Due to Completion of Project Is Not Illegal and Industrial Disputes Act Does Not Apply to Zilla Parishad.

The petitioners, 24 daily wage employees of Zilla Parishad, Dhule, filed writ petitions challenging their termination of services. They were appointed...