Digi - Legal Insights

Mandamus directing absorption of a lecturer is unsustainable when State was not impleaded and college is unaided.

Petitioner was not obligated to refund any excess payments, which dates back to 2005 and 2015 and requiring such a refund would cause undue hardship.

Common judgment dated 12.02.2026 in Civil Appeal Nos. 6820-6824 of 2018 cannot be interpreted to allow claims for disability pension with arrears in every instance; each case must be evaluated on its own merits.

Authorities directed to assess individual cases based on retirement dates, calculate due amounts according to modified clause and issue payments within 30 days, with 6% annual interest applicable on late payments.

High Courts error in allowing writ petition and declaring Respondent No. 3 eligible for Vocational Instructor role is legally unsustainable hence, impugned judgment and order by High Court is set aside.

Division Bench erred in determining that N.C.T.E. Act was not applicable to respondents case, as eligibility should be assessed by date of application or appointment thus, Respondents candidature was rightly deemed ineligible under 2006 Rules at the time.

Appointments to state-aided minority institutions must strictly adhere to fair, transparent, and competitive selection processes.

Respondent-Authorities are directed to regularize services of all petitioners on their respective posts with effect from their respective initial dates of joining in service, with consequential benefits.

Decision to suspend Managing Director was made by a panel of Administrators, not the Board of Co-operative Societies, as it was based solely on directions from the Registrar of Co-operative Societies hence, it needs to be set aside.

Deductions made by Respondent No. 3 from death gratuity of deceased employee were justified due to a statutory undertaking given by employee, which acknowledged that any excess payments would be adjusted against future benefits.

Petitioner cannot claim continuation of her right to be Councillor in view of Scrutiny Committee invalidating her Caste Certificate.

Respondent No.1-Vasai Virar Municipal Corporation directed to absorb and regularize petitioners by conferring them permanency on posts held by them on contractual basis.

Impugned communication issued by Respondent No.4, thereby reducing pay scale of Petitioners and initiating recovery of amount already paid to them is quashed and Respondent Nos.1 to 4 directed to give CAS benefits to services of Petitioners from date of their first appointments.

Seniority disputes between Compassionate and Special appointees should be determined by their date of regularization, emphasizing that such disputes should be approached pragmatically rather than with strict mathematical precision, unless explicitly dictated by Recruitment Rules.

High Court erred in setting aside order of Industrial Court passed in 2020 granting appellant-employee compensation to tune of Rs.8,09,218/- as back wages from October 1993 till 20^th January 2011.

A writ petition challenging a selection process is liable to be dismissed when petitioners fail to establish higher merit than selected candidates.

Claims made after 15 years shift onus of proving entitlement onto ex-serviceman.

Consistent with established precedent, temporary service prior to regularization must be counted as qualifying service for pension.

Petitioner, a Class III employee, cannot have Rs.39,94,343/- recovered from their retiral benefits due to illegalities in process and recovery attempt occurred after Petitioners retirement, reinforcing illegality of action.

Punishment of 'voluntary retirement' is deemed excessively harsh, leading to decision to reinstate Petitioner with 50% back wages, considering their employment status until superannuation.