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Bombay High Court Allows Retired Head Master's Petition for Pension and Benefits Despite Post-Retirement Disciplinary Inquiry. Disciplinary Inquiry Initiated After Superannuation Without Statutory Authority is Invalid and Pension Cannot Be Withheld.

The petitioner, Ashok Ramrao Kadam, was appointed as an Assistant Teacher on 9 August 1984 and later promoted as Head Master. He served until his supe...

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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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Bombay High Court Quashes Recovery Order Against Retired Employee in Leave Encashment Dispute — Recovery of Mistaken Payment from Gratuity Held Unjust. Petitioner's Leave Encashment Payment Was Not Mistaken as Government Resolution Did Not Apply to Non-Teaching Staff of Social Work Colleges.

The petitioner, Prakash Suryabhanji Ninghot, was appointed as a Peon on 01.10.1982 with respondent 5-College, a 100% grant-in-aid Social Work college....

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Bombay High Court Upholds Non-Cumulative Age Relaxation in Public Service Recruitment — Conflicting Division Bench Decisions Resolved. Age relaxation for multiple categories (physically handicapped, reserved category) cannot be cumulated unless rules expressly provide for cumulative benefit.

The Maharashtra Public Service Commission filed two writ petitions challenging orders that allowed cumulative age relaxation to candidates who were bo...

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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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Bombay High Court Allows Widow's Petition for Family Pension in Deemed Confirmation Case. Husband Deemed Confirmed Under Rule 26(2) of Maharashtra Civil Services (Pension) Rules, 1982 Despite Death During Extended Probation.

The petitioner, Nita Bhagwan Ware, is the widow of Bhagwan Ware, who was appointed as an Assistant Teacher (Shikshan Sevak) on 1 July 2009. He died on...

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High Court of Karnataka Upholds Labour Court's Modification of Dismissal to Stoppage of Increments in NWKRTC Employee Misconduct Case. Reinstatement with Continuity of Service for Retiral Benefits Only, No Back Wages.

The petitioner, Ganapathi S/o Arjunrao Ghorpade, was a conductor employed by the NWKRTC. He was dismissed from service on 10.12.2008 following a disci...

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Bombay High Court Allows Pensioners' Writ Petitions for Full Pension Benefits Under Maharashtra Zilla Parishad and Panchayat Samiti Service Rules. Pension is a right, not a bounty, and cannot be withheld or reduced arbitrarily; respondents directed to pay full pension with interest.

The judgment involves a batch of writ petitions filed by retired employees of Zilla Parishad, Aurangabad, seeking full pension and pensionary benefits...