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BIREN VAISHNAV
ASHVINKUMAR AMBALAL CHAUHAN – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. Heard Ms. Bhargavi Thakar learned advocate for the petitioners, Mr. Utkarsh Sharma learned AGP for the respondents State and Mr. H.S. Munshaw learned counsel for the respondent-District Development Officer.
2. The details of the petitioners who all were appointed as Junior Clerks, in each petition are as under:
| Petitioner of SCA No. | Date of order | Appointed with effect from |
| 17150/2019 | 30.09.2004 | 28.10.2004 |
| 18659/2019 | 25.07.2004 | 01.11.2004 |
| 2864/2020 | 25.07.2004 | 02.11.2004 |
| 2868/2020 | 04.10.2004 | 23.11.2004 |
| 2870/2020 | 12.08.2004 | 02.11.2004 |
| 3028/2020 | 21.09.2004 | 23.11.2004 |
| 6143/2020 | 13.09.2004 | 10.02.2005 |
3. For the purposes of this order, the prayer of Special Civil Application No. 17150 of 2019 is considered.
4. The case of the petitioners is that the respondents be directed to issue a writ of mandamus or any other appropriate writ or order holding that the petitioners are entitled for regular appointment to the post of Junior Clerk in the regular pay scale from the date of
The main legal point established is that petitioners appointed on compassionate grounds are entitled to the regular scale of pay from their initial date of appointment based on relevant Government Re....
The main legal point established in the judgment is that petitioners seeking compassionate appointment are entitled to be placed in the regular scale of pay from their initial date of appointment, an....
The main legal point established in the judgment is that the appointment of the petitioners on compassionate grounds was based on the Resolution dated 10.3.2000, and the subsequent policy dated 15.6.....
The main legal point established in the judgment is that the appointment on compassionate basis was governed by the Resolution dated 10.3.2000, irrespective of the policy prevalent at the time of con....
The main legal point established in the judgment is that the petitioners were entitled to compassionate appointment based on the Resolution dated 10.3.2000, and the court directed the respondents to ....
Compassionate appointments should align with substantive employment rights, and any delay in claims does not negate entitlements when based on continuing wrongs.
Petitioners, appointed on compassionate grounds, are entitled to regular pay scales and benefits consistent with earlier court decisions, regardless of the delay in their applications.
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
The court affirmed the right of petitioners, appointed on compassionate grounds, to be considered for regular pay-scale from their initial appointment date, with restrictions on arrears limited to th....
Compassionate appointment claims must adhere to established policy principles and be granted uniformly to similarly situated individuals despite filing delays, with arrears limited to three years bef....
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