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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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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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Bombay High Court Dismisses Petition by Municipal Corporation Challenging Regularisation of Daily Wage Employees. Held that daily wage employees who completed 240 days of continuous service are entitled to regularisation under the Industrial Disputes Act, 1947.

The case involves a writ petition filed by Navi Mumbai Mahanagar Palika and others challenging the judgment of the Industrial Court, Maharashtra, Benc...

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Bombay High Court Dismisses Writ Petition Challenging Disqualification of MLAs Under Tenth Schedule. Speaker's Order Upheld as Valid Exercise of Constitutional Authority Under Article 191(2) and Paragraph 2(1)(a) of Tenth Schedule.

The petitioner, Girish Chodankar, filed a writ petition under Article 226 of the Constitution challenging the order of the Speaker of the Goa Legislat...

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Bombay High Court Dismisses State's Challenge to Tribunal Order Quashing Reservation Promotion Rule. Rule 3 of Maharashtra Public Services (Reservation) Rules, 2017 Held Ultra Vires for Non-Compliance with Article 16(4A) Conditions.

The State of Maharashtra, through its Secretary, Higher and Technical Education Department, and the Director, Higher Education, filed two writ petitio...

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Supreme Court Allows Appeal of CSIR Employee for Non-Communication of ACRs - Failure to Communicate Annual Confidential Reports Violates Principles of Natural Justice and Transparency.

The appellant, Anil Kumar, was an employee of the Council for Scientific and Industrial Research (CSIR). He was aggrieved by the rejection of his clai...

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Bombay High Court Allows Writ Petition for Time Bound Promotional Scale to Police Constable Driver — Petitioner Entitled to TBPS from 4.2.1987 with Consequential Benefits. The court quashed impugned communications dated 29.4.2004 and directed grant of TBPS under office memorandum dated 5.7.1989.

The petitioner, Shri Anand M. Mandrekar, a Police Constable Driver (Grade III) in the M.T. Section, Police Headquarters, Panaji-Goa, filed a writ peti...

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Bombay High Court Allows Writ Petition for Equal Pay for Group B Gazetted Officers in Industrial Training Institutes. Petitioners, holding higher posts of Principal/Vice Principal, entitled to higher pay scale than Group C Instructors, as treating unequals as equals violates Articles 14 and 16.

The petitioners, eleven employees of the Industrial Training Institutes (ITIs) in Goa, filed a writ petition under Articles 14, 16, 226, and 227 of th...