Pendency Of Dispute Regarding Excess Payment Does Not Bar Release Of Retiral Benefits In Timely Manner: Calcutta HC
3 months, 3 weeks ago

Pendency Of Dispute Regarding Excess Payment Does Not Bar Release Of Retiral Benefits In Timely Manner: Calcutta HC

Live Law  

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, Justice, while deciding a writ petition held that a retired government employee is entitled to receive retiral benefits in a timely manner, even when there is a pending dispute regarding alleged excess salary drawn during the service period. The headmaster prayed to direct the respondent authorities to release retiral dues after adjusting overdrawn amount due to pendency of the writ petition. On the other hand it was contended by the respondent that Barhat Sambhunath Banipith High School, Purba Medinipur was not forwarding the pension file, which was required for the purpose of releasing the retiral benefits. Further that on receipt of papers from the concerned school authority shall settle claim of the headmaster and release admissible retiral dues including pension by four weeks thereafter without insisting upon the headmaster to refund excess drawn amount.

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History of this topic

Aided schools directed to pay compensation to 12 teachers
1 month ago

Aided schools directed to pay compensation to 12 teachers

The Hindu  

Observing that 12 teachers were made to work for a meagre salary of ₹500 per month between 2005 and 2018, the High Court of Karnataka has directed the management of aided-schools to pay them as compensation the wages, on par with the minimum pay scale paid to regular teachers admitted to grant-in-aid, for the period they were in service. The …

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates
2 months, 4 weeks ago

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates

Live Law  

A Single Bench of the Delhi High Court comprising Justice Jyoti Singh held that the recovery of an excess amount of Rs. The Court reiterated that although an Employer has the right to recover the excess amount mistakenly paid to an Employee, the same cannot be done in cases where the excess payment has been made for a period in …

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court
3 months ago

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court

Live Law  

A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal held that the employee is entitled to the payment of annual grade increments as well as arrears of last drawn salary during the suspension period. But later on RFC issued a separate order dated 28.08.2015 denying the payment of annual grade increments as well as arrears …

Unjustified To Recover From Employees Any Excess Payment, In Case Of Inordinate Delay In Initiating The Recovery: Madras High Court
10 months, 2 weeks ago

Unjustified To Recover From Employees Any Excess Payment, In Case Of Inordinate Delay In Initiating The Recovery: Madras High Court

Live Law  

A Single Judge bench of the Madras High Court comprising of Hon'ble Justice Battu Devanand while deciding a Writ Petition in the case of V. Radhakrishnan v. State of Tamil Nadu held that it would be unjustified to recover from employees any excess payment made to them by mistake and where there had been inordinate delay in initiating the recovery. …

Writ Petition Has To Be Drafted Carefully, Reliefs Sought Must Be Supported By Pleadings: Allahabad High Court Rejects Claim For Payment Of Gratuity
1 year, 1 month ago

Writ Petition Has To Be Drafted Carefully, Reliefs Sought Must Be Supported By Pleadings: Allahabad High Court Rejects Claim For Payment Of Gratuity

Live Law  

The Allahabad High Court has observed that a petition must be carefully drafted, disclosing all relevant facts for grant of relief sought by the petitioner. Even the petitioners have approached this Court by not disclosing entire relevant facts which goes adverse to their case, i.e., petitioners have not approached this court with clean hands.” Twenty-five petitioners who are either retired …

Erring Officials To Be Held Accountable For Payment Of Cost "From Their Own Pockets" For Unnecessary Delay In Retiral Claims: Rajasthan High Court
1 year, 6 months ago

Erring Officials To Be Held Accountable For Payment Of Cost "From Their Own Pockets" For Unnecessary Delay In Retiral Claims: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur recently issued a mandamus to all the Departments of the State to strictly comply with all the mandatory provisions contained under Chapter VI of the Rajasthan Civil Services Rules, 1996 and not to cause unnecessary delays in payment of pension and all retiral dues to eligible employees. The single judge bench of Justice Anoop …

Recovery After Retrospective Pay Revision Post-Retirement/Superannuation Not Permissible Under Law: Bombay HC [Read Judgment]
6 years, 10 months ago

Recovery After Retrospective Pay Revision Post-Retirement/Superannuation Not Permissible Under Law: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that recovery of money after retrospective pay revision after retirement or superannuation is not permissible in law and granted relief to a retired teacher of a municipal school.A bench of Justice BR Gavai and Justice Bharati Dangre was hearing a writ petition filed by the teacher.Case BackgroundThe teacher, Grace Pampoorickal, was appointed as an …

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