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Bombay High Court Dismisses Writ Petition Challenging Reversion from Contractual Higher Post to Substantive Lower Post. Officer holding substantive lower post cannot claim right to continue in higher contractual post after expiry of fixed tenure, as contractual appointment does not amount to promotion.

The petitioner, Umesh V. Pawar, was initially appointed as a Junior Engineer (Civil) with M/s. Haffkine Bio-Pharmaceutical Corporation Ltd., a governm...

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Bombay High Court Allows Writ Petition of Probationary Police Sub-Inspectors Challenging Stigmatic Termination Without Inquiry. Termination orders set aside as violative of Article 311(2) and Maharashtra Police (Probation) Rules, 1960, with direction for reinstatement.

The petitioners, 21 individuals, were appointed as Police Sub-Inspectors in the Maharashtra Police Force on a probationary basis. During their probati...

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Bombay High Court Dismisses Employer's Petition in Unfair Labour Practice Case — Reversion of Workman from Mukadam to Labourer Held Unjustified. Employer Cannot Benefit from Its Own Mistake in Showing Designation as Mukadam in Proposal.

The case involves a writ petition filed by the employer (Superintending Engineer and others) challenging an order of the Industrial Court, Nagpur, whi...

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Bombay High Court Upholds Industrial Tribunal's Order for Payment of Subsistence Allowance to Suspended Railway Employee. Employer's Failure to Pay Subsistence Allowance During Suspension Period Renders Subsequent Disciplinary Proceedings Invalid.

The Union of India, through the Chief Workshop Manager of Central Railway, Parel, Mumbai, filed two writ petitions challenging orders of the Central G...

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Bombay High Court Upholds Compulsory Retirement of Railway Employee for Unauthorized Occupation of Railway Land. Petitioner Failed to Prove Title or Permission for Construction, Leading to Dismissal of Writ Petition.

The petitioner, B.S. Rath, joined Western Railway as an Apprentice on 15th February 1965 and later became a Senior Motorman. He was charged with unaut...

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High Court Dismisses Bank's Petition Challenging Interest on Delayed Gratuity Payment Under Section 7(3A) of Payment of Gratuity Act, 1972. Service Regulations Cannot Override Statutory Mandate for Interest on Delayed Gratuity.

The case involves a writ petition filed by Allahabad Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Under...

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Bombay High Court Dismisses Writ Petitions of Employees Challenging Termination by Medical Trust. Private Trust Not 'State' Under Article 12; No Violation of Natural Justice Found in Disciplinary Proceedings.

The petitioners, employees of Pravara Medical Trust, a private trust running a medical college and hospital, were terminated from service after discip...

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Bombay High Court Dismisses Petition Challenging Termination of Probationary Employee in Airports Authority of India — No Right to Post Confirmation. Probationer's termination without stigma and in accordance with service rules does not require hearing or reasons.

The petitioner, G.N. Mohanty, was appointed as Assistant Manager (Finance) in the Airports Authority of India (AAI) on probation for two years. His pr...

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Supreme Court Dismisses Appeal of ICAR Scientist Challenging Tenure Curtailment — No Enforceable Right to Complete Fixed Term When Appointment Expressly Reserved Power to Curtail. Reversion Based on Unsatisfactory Performance Not Stigmatic Under Service Law.

The appellant, joined ICAR as a Scientist in 1978 and later became Senior Scientist at CIAE, Bhopal. In 1998, he was appointed as ADG-ARIS for a perio...