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High Court of Gujarat Enhances Compensation for Injured Motorcyclist in Motor Accident Claim — Tribunal's Award of Rs.10,44,212/- Modified to Rs.25,00,000/- with 9% Interest. Future Loss of Income Recalculated Based on Notional Income of Rs.4,500/- per Month and 40% Disability.

The appellant, Ambala Muljibhai Makwana (since deceased, represented by legal heirs), was driving a motor cycle on 18.01.2003 when a tanker bearing re...

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

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

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Salary from Retired Employee's Pension. Recovery from retiral dues set aside as employee did not misrepresent and pay fixation was departmental error.

The Petitioner, Vinay Mhatre, was appointed as a Tracer in the Maharashtra Jeevan Pradhikaran (formerly Maharashtra Water Supply & Sewerage Project Bo...

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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 of Karnataka Dismisses Appeal by KPTCL Against Order Directing Disbursement of Pension to Retired Employee. Withholding of Pension Without Disciplinary Proceedings or Pension Rules is Arbitrary and Unjustified.

The case involves a retired employee of Karnataka Power Transmission Corporation Limited (KPTCL) who superannuated on 31.05.2022. The Corporation with...

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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...

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High Court of Karnataka Allows Writ Petition for Interest on Delayed Retirement Benefits — Petitioner Entitled to 6% Interest on Withheld Amount. Court Held That Withholding of Benefits Due to Pending Civil Suit Does Not Justify Denial of Interest for the Period of Delay.

The petitioner, Sri Shivananjappa, was an employee of ITI Limited, Bengaluru, who rendered service from 26.11.1975 until 30.11.2003, when he voluntari...

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Bombay High Court Allows Retired Bank Employee's Petition Against Unilateral Withholding of Pension. Pension is a property right and cannot be stopped without show cause notice or disciplinary proceedings under Bank of Maharashtra Pension Regulations.

The petitioner, Devanand s/o Galomal Nichwani, was a computer operator/clerk at Bank of Maharashtra, Jaripatka Branch, Nagpur. He opted for voluntary ...

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Bombay High Court Dismisses Retired Railway Employee's Petition for Transfer of Quarters to Son. Transfer of Railway Quarters from Retiring Employee to Son is Not a Matter of Right but Subject to Administrative Policy and Availability.

The petitioner, A.M. Attar, was a guard in the Central Railway who retired on 28 February 1997. He was allotted railway quarters at Byculla, Mumbai. H...