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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher in Voluntary Retirement Case. Acceptance of Voluntary Retirement Without Statutory Notice Period Under Section 5(3) of MEPS Act, 1977 Held Illegal.

The petitioner, Shri Guru Buddhiswami Mahavidyalaya (the Management), challenged the judgment and order dated 06/12/2013 of the School Tribunal, Latur...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher in Voluntary Retirement Dispute. Acceptance of Voluntary Retirement Without Allowing Withdrawal Within Notice Period Under Section 7(2) of MEPS Act, 1977 Held Illegal.

The petitioner, Shri Guru Buddhiswami Mahavidyalaya, through its Secretary and Principal, challenged the judgment and order dated 06/12/2013 of the Sc...

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Bombay High Court Quashes Chargesheet Against Retired University Employee for Lack of Jurisdiction Under Discipline Rules. Disciplinary Proceedings Initiated After Voluntary Retirement Cannot Be Sustained Under Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 Without Specific Provision.

The petitioner, Manohar B. Patil, was an employee of the Maharashtra Animal and Fishery Sciences University. He applied for voluntary retirement and w...

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Bombay High Court Allows Writ Petition Challenging Acceptance of Resignation by Air India. Resignation by employee was not voluntary but under duress due to trade union pressure, and employer failed to follow proper procedure under service rules.

The petitioner, Rakesh Rai, was an employee of M/s National Aviation Company of India (Air India), a government company and 'State' under Article 12 o...

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Bombay High Court Allows Petition of Professor in Government Medical College Challenging Transfer — Transfer Order Quashed as Arbitrary and Contrary to Transfer Policy Due to Proximity to Superannuation and Medical Grounds.

The petitioner, Nilkanth s/o Ramji Akarte, was appointed as Lecturer in Biochemistry at Government Medical College, Nagpur on 17.3.1977 and promoted t...

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Bombay High Court Allows Petition of Professor Challenging Transfer in Medical Education Case — Transfer Quashed Due to Proximity to Superannuation and Health Grounds. Transfer of a Professor in Biochemistry less than one year before retirement set aside as arbitrary under service law principles.

The petitioner, Nilkanth s/o Ramji Akarte, was appointed as Lecturer in Biochemistry at Government Medical College, Nagpur on 17.3.1977 and promoted t...

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Bombay High Court Dismisses Writ Petition Challenging Termination Due to Abolition of Post in Government Company. Abolition of Post is a Management Decision Not Requiring Natural Justice, and Government Company Not 'State' Under Article 12 for Service Disputes.

The petitioner, Shri R.D. Avhad, was employed by the Maharashtra State Farming Corporation Ltd., a government company under the Companies Act, 1956, w...

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Bombay High Court Dismisses Petition Challenging Rejection of Voluntary Retirement Due to Pending Disciplinary Proceedings and CBI Investigation. Rule 56(k) of CCS Rules Does Not Confer Unilateral Right to Retire When Serious Allegations Are Under Investigation.

The petitioner, Dr. Sanjay Sharma, joined Tata Memorial Hospital as Assistant Surgeon on 29th November 1985 and was later appointed Professor of Surge...