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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 Dismisses Petition Challenging Industrial Court Order in Service Dispute — Suspension Period Not Automatically Converted to Duty Upon Acquittal. Acquittal in criminal case does not entitle automatic regularization of suspension period as duty under Rule 72(5) of Maharashtra Civil Services (Joining Time, Foreign Service, Payments during Suspension, Dismissal and Removal) Rules, 1981.

8 Jun 2023

The petitioner, Eknath Shankar Kamble, was appointed as a Tracer with Zilla Parishad, Sangli on 17 July 1978. On 18 October 2001, he was apprehended b...

High Court

Bombay High Court Allows Retired Teacher's Pension Claim Despite Shortfall in Qualifying Service. Deficiency of 4 Months Condoned Under Rule 54 and Rule 110(3) of Maharashtra Civil Services (Pension) Rules, 1982.

17 Jan 2023

The petitioner, a retired Assistant Teacher, was appointed on 08.08.2005 and retired on 30.04.2015 after serving for 9 years and 8 months. Although he...

High Court

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.

10 Jan 2023

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...

Supreme Court

Supreme Court Allows Writ Petition for Counting Pre-2000 Service for Pension of Supreme Court Legal Services Committee Employees. Service rendered prior to formal rules is qualifying service for pension due to continuity and uninterrupted employment.

5 Feb 2020

The petitioners, serving and retired employees of the Supreme Court Legal Services Committee, filed a writ petition seeking counting of their entire s...

Supreme Court

Supreme Court Allows State's Appeal in Retiral Benefits Case — Employee Who Joined Another Service Without Sanction Not Entitled to Pension. Abandonment of Service Disentitles Employee to Voluntary Retirement Benefits Under UP Fundamental Rules.

10 Dec 2019

The case involves two appeals by the State of Uttar Pradesh against the judgment of the Allahabad High Court. The respondent, Dr. Sudarshana Chatterje...

Supreme Court

Supreme Court Dismisses Appeal of Former OCS Employees Seeking Government Pension After Absorption in VSNL. Eligibility for Pension Under Office Memorandum Requires Minimum 10 Years of Qualifying Service on Date of Absorption.

15 Mar 2019

The present Civil Appeal arose out of a challenge to the Judgment and Order dated January 13, 2016 passed by the Bombay High Court in Writ Petition No...

High Court

Bombay High Court Allows Writ Petition for Pensionary Benefits in Bank Employee Resignation Case — Resignation on Health Grounds Treated as Voluntary Retirement Under Pension Regulations. The court held that resignation due to ill-health after 26 years of service can be treated as voluntary retirement under Regulation 22 of the Bank of India Employees' Pension Regulations, 1995, entitling the employee to pension.

21 Jul 2017

The petitioner, Mrs. Sheroo Shapurji (now Mrs. Sheroo Mistry), worked with the Bank of India for 26 years from 1965 to 1991. On 25 February 1991, she ...

High Court

Bombay High Court Allows Appeal by Employer in Industrial Dispute — Tribunal Award Set Aside for Lack of Jurisdiction. The Court held that the Industrial Tribunal had no jurisdiction to entertain the reference as the dispute was not an industrial dispute under the Industrial Disputes Act, 1947.

7 Mar 2017

The present appeal is directed against the order passed by the learned Single Judge in Writ Petition No.4009/1997, on 19th of September, 2007. The pre...

High Court

Bombay High Court Dismisses Petition for Pensionary Benefits by Resigned Employee — Resignation Not Equivalent to Retirement Under Relevant Service Rules. The court held that under the Maharashtra Zilla Parishad Primary Teachers Pension Rules, a resignation does not entitle an employee to pensionary benefits in the absence of a specific provision.

31 Aug 2006

The petitioner, Iliyas Yusuf Naikwadi, was appointed as an Urdu Primary Teacher in a school run by the Zilla Parishad, Sangli, from 20.9.1955 to 17.9....

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