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Bombay High Court Quashes Recovery of Salary from Retired Head Teacher Due to Delay and Lack of Misrepresentation. Recovery of overpayment made to a retired employee after a lapse of 4 years 11 months from retirement is unsustainable in law.

The petitioner, Donald Daniel Ferreira, was initially appointed as a Teacher in respondent no.9 school on 1 August 1990 and later appointed as Head Te...

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High Court of Karnataka Quashes Recovery Order Against State Agency for Exceeding 20% Limit Under Section 220(6) of Income Tax Act, 1961. Recovery of Rs.16,95,48,869/- for multiple assessment years held illegal as it exceeded the statutory limit of 20% pending appeal.

The petitioner, Bidar Nirmiti Kendra, an agency of the State Government, filed writ petitions under Articles 226 and 227 of the Constitution of India ...

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Bombay High Court Allows Writ Petition of Agricultural Produce Market Committee Against Recovery Order. Recovery of Excess Payment Without Imposing Penalty Not Appealable Under Rule 104 of Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967.

The petitioner, the Agricultural Produce Market Committee, Hinganghat, challenged an order dated 10-12-2008 passed by the Divisional Joint Registrar, ...

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Supreme Court Upholds Withdrawal of Pay Scale Benefit for Junior Clerks in Maharashtra Finance Department. Recovery of Excess Payments Restricted to Post-Withdrawal Period Only.

The Supreme Court dismissed the appeal filed by Junior Clerks of the Maharashtra Finance Department challenging the High Court's judgment that upheld ...

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Bombay High Court Allows Writ Petition Challenging Post-Retirement Re-Fixation of Pay Without Notice. Re-fixation of pay after retirement without affording opportunity of hearing violates principles of natural justice.

The petitioner, Naeem Ahmedkhan s/o Dilawarkhan, a retired government servant, filed a writ petition before the Bombay High Court at Aurangabad challe...

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Bombay High Court Upholds Reduction of Penalty in Disciplinary Proceeding for Pay Fixation Misconduct — Proportionality of Punishment Upheld. Court held that while misconduct was established, removal was disproportionate and Appellate Authority's modification to reduction to lowest scale was justified.

The petitioner, Rajesh Ashok Mankar, was employed as a Computer Operator with Konkan Railway Corporation Limited (KRCL). He was initially appointed on...

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High Court Quashes Recovery Orders Imposed on Retired Junior Engineer Without Inquiry. Recovery of Rs. 86,52,163 and Withholding of Pension Without Departmental Inquiry Held Violative of Principles of Natural Justice.

The petitioner, a retired Junior Engineer of Hubli Electricity Supply Company Limited (HESCOM), challenged orders dated 29-07-2021 and 16-10-2017 impo...

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Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...

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Bombay High Court Allows Petition Seeking Compensation for Excess Land Acquired Under National Highways Act, 1956. Re-measurement by Deputy Director of Land Records Revealed Additional Acquisition of 752 sq. mtrs., Court Directs Payment Within Three Months.

The petitioner, Syed Azizuddin Hyder, owned 53 R of land in Gat No.109 at Chitte Pimpalgaon, Aurangabad. The respondents acquired 940 sq. mtrs. of thi...