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Bombay High Court Dismisses Employer's Challenge to Industrial Court Order Quashing Recovery of Excess Salary Paid Due to Employer's Mistake. Recovery of Rs.1,94,637/- from Retired Employee Set Aside as Employer's Inadvertence Cannot Be Visited on Employee.

The respondent, Sou. Anjali Anil Tare, was appointed as a Lower Division Clerk (LDC) in 1977 and passed her lower division grade examination in 1980, ...

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...

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Madras High Court Quashes Recovery Order Against Employee in Pay Fixation Dispute. Recovery of Excess Pay for Over Five Years Without Employee's Fault Held Impermissible Under Article 226 of the Constitution, Applying Rafiq Masih.

The writ petition was filed by a Sheristadar working under the Subordinate Judge, Tirukoilur, challenging an office order for recovery of excess pay a...

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High Court of Madras Partly Allows Writ Petition in Service Matter — Recovery of Excess Pay Set Aside Despite Pay Revision Confirmed. Employee's Excess Pay Recovery Set Aside as Employer Error Without Misrepresentation, Applying Rafiq Masih Principles.

The writ petition was filed by A. Shenbagavalli, an employee of the subordinate judiciary in Tamil Nadu, who was appointed as a Copyist on 13.01.1999 ...

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Bombay High Court Allows Writ Petition of Widow Against Recovery of Excess Payment from Deceased Employee's Pension. Recovery from Legal Heirs Based on Employee's Undertaking Held Impermissible as Excess Payment Was Due to Employer's Mistake Without Misrepresentation.

The petitioner, Smt. Sudha wd/o Bhagirath Meshram, is the widow of a deceased employee who worked as a Junior Lecturer at Zilla Parishad High School. ...

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Madras High Court Partly Allows Writ Petition Against Recovery of Excess Pay from Steno-Typist. Recovery Set Aside on Grounds of Hardship as Employee Belonged to Group C Service, Excess Payment Exceeded Five Years, and No Misrepresentation Found, Following State of Punjab v. Rafiq Masih.

The dispute arose when the petitioner, K. Amutha, a Steno-Typist serving in the judicial department of the State of Tamil Nadu, was confronted with a ...

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Madras High Court Partly Allows Writ Petition Quashing Recovery of Excess Pay from Government Employee; Holds Recovery After Long Delay Without Misrepresentation Impermissible Under Rafiq Masih Principles, Confirms Pay Revision and Directs Refund of Amount Recovered.

The case arose from a writ petition filed under Article 226 of the Constitution of India by D. Sivakumar, a government employee working as Central Naz...