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High Court Allows Writ Petition Quashing Recovery Order Against Retired Teacher -- Pensionary Benefits Ordered to Be Released Under Article 226 and Supreme Court Guidelines

The petitioner, a retired teacher, filed a writ petition under Article 226 of the Constitution of India to quash an order dated 08.06.2007 that direct...

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Bombay High Court Allows Retired Professor's Petition, Quashes Recovery from Gratuity and Pension. Recovery of Rs.8,43,782/- from retiral benefits set aside as employer failed to prove misrepresentation or fraud by employee, and recovery from pension/gratuity is impermissible under settled law.

The petitioner, Ganesh Sitaram Magar, a retired Ayurved professor, challenged the recovery of Rs.8,43,782/- from his gratuity and pension benefits. He...

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High Court Allows Writ Petition Quashing Orders Treating Termination Period as Break in Service and Recovery of Excess Amount from Pensionary Benefits. Reinstatement Without Back Wages Does Not Imply Break in Service, and Recovery from Retired Employee is Impermissible Under Supreme Court Guidelines.

The dispute arose from a writ petition filed by a former driver employed by the Zilla Parishad, Kolhapur, challenging orders that declared his termina...

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Gujarat High Court Quashes Recovery Order Against Employee in Voluntary Retirement Dispute — Employer Cannot Recover Excess Payment Without Opportunity of Hearing. Voluntary Retirement Application Deemed Accepted Under Rule 48 of CCS (Pension) Rules, 1972 When Not Rejected Within Notice Period.

The petitioner, Arjun Gorabhai Rathod, was an employee of the State of Gujarat. He applied for voluntary retirement on 19.10.2019 with a notice period...

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Bombay High Court Dismisses Writ Petition Challenging Recovery of Excess Pay Due to Suppression of Material Undertaking. Employee Bound by Written Undertaking to Refund Excess Payments and Failure to Disclose It Violated Principle of Clean Hands in Writ Jurisdiction.

The writ petition arose from orders dated 18.11.2019 and 22.11.2019 issued by the Sub-Divisional Engineer, Civil, Zilla Parishad, Vaijapur, directing ...

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Bombay High Court Allows Writ Petition Challenging Recovery of Alleged Excess Pay from Leave Encashment – Section 33-C(1) Industrial Disputes Act, 1947. Recovery of excess payment after five years held iniquitous and arbitrary, following Chandi Prasad Uniyal principle.

The petitioner, Vilas Pandurang Markande, a former employee of the Mumbai Port Trust (respondent No.2), filed a Writ Petition challenging the order da...