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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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Supreme Court Dismisses State's Appeal in Leave Encashment Case for Re-employed Government Servant. Re-employed Employee Entitled to Second Leave Encashment Under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, as Rule 32 Creates Legal Fiction Treating Re-employment as Fresh Service Entry.

The dispute originated from the State of Sikkim's appeal against High Court orders that granted leave encashment benefits to a re-employed government ...

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Supreme Court Allows Union of India's Appeals in Air Force Officers' Premature Separation Cases. Officers Cannot Withdraw PSS Application After Availing Pre-Release Course Under Human Resource Policy.

The Supreme Court heard a batch of appeals concerning four officers of the Indian Air Force who applied for Premature Separation from Service (PSS) un...

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Bombay High Court Dismisses Petition by School Management Challenging Tribunal's Order Quashing Voluntary Retirement of Teacher. Voluntary Retirement Not Permitted Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 as There is No Statutory Provision.

The petitioner, Lions Education Society, administered a school where respondent No.2, Sau. Nilima Suresh Chepe, worked as an approved teacher since 19...

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Bombay High Court Dismisses Petition of Retired Employee Seeking Modification of Annuity Option Under Post-Retirement Benefit Scheme. Option Once Exercised Under Super Annuation Benefit Fund Scheme Cannot Be Changed After Retirement, as It Would Affect Contractual Rights of Corporation and LIC.

The petitioner, Avinash Trimbak Namjoshi, was an employee of Indian Oil Corporation Ltd. (Respondent No.1) who joined on 22nd June 1966 and opted for ...

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Bombay High Court Dismisses State's Petition Challenging MAT Order Granting Pensionary Benefits to SRPF Constable. Respondent entitled to pension after completing 20 years of qualifying service under Maharashtra Civil Services (Pension) Rules, 1982, as per Rule 49(1) read with Rule 50.

The case involves a writ petition filed by the State of Maharashtra and others under Articles 226 and 227 of the Constitution of India, challenging th...

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Bombay High Court Allows Employee to Withdraw Voluntary Retirement Application Before Acceptance — Right to Withdraw Subsists Until Communication of Acceptance. Employee's Application for Voluntary Retirement Can Be Withdrawn Before Bank Communicates Acceptance, as Per Settled Law.

The petitioner, Madhusudan Govindrao Trivedi, was employed as an Assistant Cashier with UCO Bank. He applied for voluntary retirement under a scheme d...