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Search Results for "excess salary"

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High Court

Bombay High Court Allows Revision Under Section 264 of Income Tax Act for Inadvertent Double Taxation of Bonus Provision. The court held that the Commissioner's revisional powers under Section 264 are wide enough to grant relief even after the time for filing a revised return under Section 139(5) has expired, to correct an inadvertent mistake leading to double taxation of excess bonus provision.

23 Sep 2024

The petitioner, Bahar Infocons Pvt. Ltd., filed three writ petitions challenging orders of the Principal Commissioner of Income Tax (PCIT) rejecting i...

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 Allows Writ Petition of Retired Teacher Challenging Recovery of Excess Salary from Gratuity. Recovery of Rs.1,39,316/- Set Aside as Payment Was Due to Departmental Error Without Misrepresentation by Employee.

7 Oct 2023

The petitioner, Ashok Buchayya Pusalwar, was an Assistant Teacher with the Zilla Parishad, Gadchiroli, appointed on 24-10-1996. He voluntarily retired...

Supreme Court

Supreme Court Allows Employer's Appeal in Gratuity Dispute — Trust Deed and Scheme Capped Gratuity at Statutory Limit Under Payment of Gratuity Act, 1972. Employer's Gratuity Scheme Did Not Abandon Statutory Ceiling; Employee Entitled Only to Statutory Maximum.

29 Apr 2020

The appeal arose from a dispute between BCH Electric Limited (appellant-employer) and Pradeep Mehra (respondent-employee) regarding the quantum of gra...

High Court

Bombay High Court Allows Retired Employee's Challenge to Recovery of Excess Pension Paid Due to Mistaken Inclusion of Promotional Increment. Recovery of excess payment after six years of retirement held impermissible as per principles against recovery from retired employees.

3 Feb 2020

The petitioner, Tarachand s/o Urkudaji Gajbhiye, a retired government employee, was aggrieved by an order dated 19.1.2016 issued by respondent No. 2, ...

High Court

Bombay High Court Allows Teacher's Petition Against Pay Reduction and Recovery Order — Recovery of Excess Payment Set Aside Due to No Misrepresentation. Pay Fixation Error by Employer Cannot Be Recovered from Employee Without Show Cause Notice.

2 May 2019

The petitioner, Premchand Nathu Patil, was appointed as an Assistant Teacher on 16.06.1989 in a secondary school run by respondent No. 5 institute. He...

High Court

Bombay High Court Allows Writ Petition Against Recovery of Overpayment from Retired Teacher's Terminal Benefits. Overpayment due to wrong pay fixation under Sixth Pay Commission cannot be recovered after retirement, especially when no misrepresentation by employee.

7 Nov 2017

The petitioner, Issak Abbas Hawaldar, was appointed as a Primary Teacher in Panchayat Samiti, Arale, in November 1976 as a Class-IV employee. He retir...

High Court

High Court of Bombay at Aurangabad Partially Allows MSRTC Appeal in Motor Accident Claim — Reduces Compensation by Removing 50% Future Prospects Addition for Self-Employed Deceased. The Court held that for self-employed persons, addition towards future prospects is not permissible under the Motor Vehicles Act, 1988, and modified the award accordingly.

28 Jul 2017

The Maharashtra State Road Transport Corporation (MSRTC) appealed against the judgment and order dated 11.04.2016 passed by the Motor Accident Claims ...

High Court

Bombay High Court Quashes Removal of Employee in Disciplinary Proceeding for Violation of Natural Justice and Proportionality. Charge-sheet and Penalty Set Aside Due to Non-Supply of Documents and Disproportionate Punishment.

15 Nov 2011

The petitioner, Abha Chawla Mohanty, was an employee of the Oriental Insurance Co. Ltd. appointed in October 1985. She was served with a charge-sheet ...

High Court

Bombay High Court Dismisses Management's Challenge to Education Authority's Order Directing Admission of Student to School. The Court upheld the Deputy Director of Education's order under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, finding that the school management had failed to comply with the statutory requirement to admit a student who had applied for transfer from another school.

1 Aug 2011

The case involves two writ petitions: Writ Petition No. 1315 of 2009 filed by the school management (Hirji Bhojraj & Sons and Hirji Ghelabhai Savla Vi...

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