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Supreme Court Dismisses State's Appeal in Leave Encashment Case for Re-employed Government Servant. Re-employed Employee Entitled to Second Leave Encashment Under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, as Rule 32 Creates Legal Fiction Treating Re-employment as Fresh Service Entry.

The dispute originated from the State of Sikkim's appeal against High Court orders that granted leave encashment benefits to a re-employed government ...

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High Court of Karnataka Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Cross-Objections Dismissed as Deceased Pedestrian Was Crossing Highway Without Caution, Contributing 50% to Accident.

The case arises from a motor accident claim petition filed by the parents of a deceased 25-year-old bachelor who died in a road accident involving a c...

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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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Supreme Court Dismisses Challenge to Amended Recruitment Rules Equating Posts of Principal and Joint Chief Inspector of Factories as Infructuous Due to Retirement of Employee. Transfer Order Set Aside as Mala Fide; Period Between Transfer and Superannuation Treated as Dies Non.

The case involves appeals by the Union of India against a common judgment of the Madras High Court confirming orders of the Central Administrative Tri...

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Bombay High Court Allows Promotion Challenge in Port Trust Service Matter — Adverse Remarks Must Be Communicated Before Being Considered for Promotion. Uncommunicated adverse remarks cannot be used to deny promotion to Assistant Traffic Manager under Article 226 of Constitution of India.

The petitioner, Manuel Lourenco D'Costa, was an employee of the Board of Trustees of the Port of Mormugao (respondent No.1). He was appointed as a Cle...

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Bombay High Court Allows Writ Petitions of Laboratory Attendants Against Premature Retirement. Class IV/Group D Employees Entitled to Retirement at Age 60 Under Rule 10.2 of Maharashtra Civil Services (Pension) Rules, 1982.

The judgment concerns two writ petitions filed by Laboratory Attendants (Samadhan Umak and Maroti Dhote) employed with Dr. Punjabrao Deshmukh Krishi V...