Digi - Legal Insights

Voluntary undertakings by employee permit recovery of excess pensionary payments; no interference warranted.

Transfer order vitiated by political interference and unexplained handwritten alterations; Tribunal rightly invalidated decision.

Termination of Anganwadi Madatnis illegal where no fraud or misrepresentation found and documents were duly verified; reinstatement directed.

Appointment to Group A post cannot be granted without fulfilling experience requirement; MPSC directed to finalize select list.

Termination for unauthorized absence is invalid when absence was due to employers illegal demand for undertakings; partial charges alone not sufficient.

Artificial breaks in service cannot defeat entitlement to old pension scheme when petitioner held substantive UGC post and was granted CAS benefits.

Employee cannot selectively accept parts of pension scheme after opting for it; scheme must be enforced as a whole.

Reinstatement and back wages denied when termination followed due process and employee was on extended probation without satisfactory performance.

Withholding Pension for Misconduct - Pension and gratuity can be withheld under Rule 9(1) of the CCS Pension Rules if misconduct is established.

Pension Recovery Due to Bank Error - Excess pension paid due to bank error cannot be recovered unless there is misrepresentation or fraud by the pensioner.

Pension and Gratuity in Service Laws - Unauthorized absence cannot lead to complete forfeiture of pension and gratuity if qualifying service is fulfilled under pension rules.

Maintainability of Petitions on Subsistence Allowance - Petitions lacking proper prayers or challenges to prior orders cannot be entertained under Articles 226 and 227

Resumption of Duties in Service Cases - Delay in obtaining approval for appointment does not invalidate entitlement to resume duties with back wages.

Scope of Director Disqualification - Disqualification as a director under the Goa Co-operative Societies Act applies only to the concerned society unless expressly extended.

Fact-Finding Report in Disciplinary Proceedings - Fact-finding reports cannot form the sole basis for findings in departmental inquiries; proper procedure must be followed with relevant evidence.

Delay and Laches in Promotion Cases - Claim for antedating promotion rejected due to a 21-year delay; barred by principles of delay and laches.

Service benefits - Denial of benefits to petitioners while granting the same to similarly situated employees is arbitrary and violative of Article 14.

Recruitment process - High Court cannot act as appellate authority over assessment made by expert selection committee in recruitment process.

Recovery of dues at retirement - No rigid formula exists for recovery of dues at retirement; timing of undertaking is a crucial factor.

Recovery of excess amount of provident fund - No vested right exists to retain excess amount mistakenly paid from public funds.