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Bombay High Court Quashes Recovery Order Against Retired Teacher for Not Passing MSCIT Exam in Time. Recovery from retirement benefits set aside as petitioner had given undertaking but recovery was held impermissible under principles of natural justice and proportionality.

The petitioner, Smt. Shaheen Fatima Mohsin Ahmed, was appointed as an Assistant Teacher on 1st January 1986 and superannuated on 31st January 2024. Sh...

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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.

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...

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Bombay High Court Dismisses Suit for Money Decree Based on Oral Agreement Allegedly Contradicting Written MOU. Plaintiff's claim for consideration under oral agreement fails as MOU silent on consideration and evidence insufficient to prove oral agreement.

The Plaintiff, Bharat Nathalal Kansara, filed a suit in the Bombay High Court against his brothers, Praful Nathalal Kansara and another, seeking a mon...

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Supreme Court Allows Appeal Against Withholding of Pension and Gratuity During Pendency of Criminal Proceedings. State of Bihar's Circulars and Resolution Cannot Override Rule 43(b) of Bihar Pension Rules, 1950 Which Requires a Finding of Guilt Before Withholding Pension.

The appellant, Dr. Hira Lal, was a Touring Veterinary Officer in Bihar who was implicated in the Fodder Scam (RC Case No.48 A/1996) and placed under s...

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Bombay High Court Dismisses Petitions Challenging Transfer of Employees from Municipal Corporation to State Government. Transfer of employees under Section 451 of Mumbai Municipal Corporation Act, 1888 held valid as in public interest and for better administration.

The judgment involves multiple writ petitions filed by employees of the Brihanmumbai Municipal Corporation (BMC) challenging their transfer to the Sta...