Search Results for "recovery impermissible"

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Search Results for "recovery impermissible"

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High Court

Madras High Court Quashes Recovery Order Against Former Judicial Department Employee in Pay Revision Dispute Under Article 226 — Pay Fixation Error Not Attributable to Employee's Misrepresentation Causing Extreme Hardship. Recovery of Excess Salary Paid Over Decades Struck Down Following Supreme Court Precedent in State of Punjab v. Rafiq Masih.

15 Jul 2026

The petitioner, a former Typist in the Judicial Department of Tamil Nadu, joined service as a Copyist in 1995 and was promoted to Typist in 2000. Upon...

High Court

Madras High Court Quashes Recovery Order Against Senior Bailiff in Service Matter Due to Departmental Error. Recovery of Excess Salary for 29-Year Period Set Aside as No Misrepresentation Shown, Causing Extreme Hardship Under Article 226 of Constitution.

15 Jul 2026

The petitioner, who was appointed as a Senior Bailiff in 1993, received an Official Memorandum dated 09.06.2022 from the 6th respondent stating that h...

High Court

Bombay High Court Dismisses Trade Union's Writ Petition Challenging Industrial Court Order in Recovery Proceeding Under MRTU & PULP Act — Recovery Application Filed Beyond Limitation Period Held Not Maintainable. The court upheld the Industrial Court's finding that the application under Section 50 of the MRTU & PULP Act was barred by limitation as it was not filed within the prescribed period.

9 Apr 2026

The petitioner, Vidyu Metallics Employees Union, a trade union registered under the Trade Unions Act, 1923, filed a writ petition under Articles 226 a...

High Court

Bombay High Court Allows Writ Petitions Seeking Regularization of Services of Shikshan Sevaks in Zilla Parishad Schools — Directs State to Frame Policy for Regularization Within Six Months.

21 Nov 2025

The judgment pertains to two writ petitions filed by a group of Shikshan Sevaks (teachers on probation) appointed in Zilla Parishad schools in Solapur...

High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction Decrees on Grounds of Unauthorized Subletting, Bonafide Requirement, and Default in Rent Payment. Concurrent findings of fact by lower courts on unauthorized subletting, bonafide requirement, and default under the Maharashtra Rent Control Act, 1999 were upheld as no jurisdictional error was found.

11 Oct 2024

The dispute pertains to eviction proceedings initiated by the landlord-respondent against the tenant-petitioners in respect of a shop premises in Kolh...

Supreme Court

Supreme Court Allows Appeal Against Recovery of Excess Pay from Retired Government Employee — Holds That Time-Bound Promotion Granted Prior to Cut-Off Date Is Protected Under Government Resolution. The Court set aside the recovery of Rs.63,765/- and restored the appellant's pension as originally fixed, finding that the Government Resolution dated 8th February 1999 protected promotions granted before 31st December 1995.

21 Aug 2024

The appellant, Jagdish Prasad Singh, was appointed as Supply Inspector in the Government of Bihar in 1966. He received a time-bound promotion as Marke...

High Court

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.

12 Mar 2024

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

High Court

Bombay High Court Quashes Recovery Order Against Retired RPF Sub-Inspector for Excess Increment Payment Without Show Cause Notice. Recovery of Rs.2,41,519 from Gratuity and Refixation of Basic Pay from Rs.52,000 to Rs.50,500 Set Aside as Violative of Natural Justice and Principles Against Recovery from Retired Employees.

7 Feb 2023

The petitioner, Biswadip Bose, a retired Sub-Inspector of the Railway Protection Force, challenged an order dated 24.11.2021 passed by the respondents...

Supreme Court

Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

6 Jan 2022

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

High Court

Bombay High Court Quashes Recovery from Retired Employee's Leave Salary in BMC Case — Unauthorized Deduction Without Opportunity of Hearing Violates Natural Justice. The Court held that recovery from leave salary without affording an opportunity of hearing is violative of principles of natural justice and directed release of dues.

12 Jan 2017

The petitioner, Smt. Arpita Ashok Kane, was a retired employee of the Brihanmumbai Municipal Corporation (BMC), having served as a Head Telephone Oper...

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