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 Resolutions and court decisions.

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:

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 appointment and/or joining considering the Government Resolutions dated 10.03.2000 and 07.09.2002. This is also in accordance with the decision passed by this Court in Special Civil Application No. 11416 of 2000 dated 31.03.2003.

5. Similar issue came up for consideration before this Court in group of petitions being Special Civil Application Nos. 14642 of 2019 and this Court on 18.04.2022, passed the following order:

1. Rule, returnable forthwith. Learned Assistant Government Pleaders as well as learned advocates waive service of notice of Rule on behalf of the respective parties.

2. Heard learned advocates Mr. Bhargavi G. Thakar and Ms. Harshal Pandya for the petitioners, learned Assistant Government Pleaders Mr. Kurven Desai, Ms. Surbhi Bhati and Mr. Krutik Parikh for State-respondents as well as learned advocates Mr. H. S. Munshaw, Mr. Devang D. Dave and Mr. Kalpesh N. Shastri for the respective Panchayats in all these petitions.

3. With the consent of the learned advocates appearing for the respective parties, all these petitions are taken up for final hearing today.

4. In all these petitions, under Article 226 of the Constitution of India, the prayer of the petitioners is to hold and declare that they are entitled to the regular scale to the respective posts on which they were appointed on compassionate grounds.

5. For the purposes of this common oral judgment, the facts of Special Civil Application No. 14642 of 2019 are considered.

5.1. The case of the petitioner is that on the death of her mother who expired on 5.8.1997 while working as a Primary Teacher under the control of the District Panchayat, Banaskantha. The petitioner applied for appointment on compassionate ground. By an order dated 25.7.2004, the State appointed the petitioner on fixed pay of Rs. 2,500/- on Class-III post under the District Panchayat, Banaskantha.

5.2. Consequently, the Banaskantha District Panchayat issued a separate order dated 12.10.2004 appointing the petitioner on fixed pay as Panchayat Sahayak under the District Panchayat, Banaskantha. He was subsequently transferred to Gandhinagar. On completion of five years of service, he was appointed on regular pay scale vide an order dated 13.3.2011 with effect from 16.10.2009 in the regular pay scale. Thereafter, in the year 2016, he was promoted as Senior Clerk. The case of the petitioner is that he is entitled to be appointed on compassionate ground on regular scale of pay from his initial date of appointment i.e. from 25.7.2004 effective from 12.10.2004 and not so appointed as on regular pay scale from 16.10.2009.

6. Ms. Thakar, learned counsel for the petitioners would submit that one Mr. Manharbhai Ramanbhai Naik was approached this Court by filing Special Civil Application No. 1579 of 2002 assailing his rejection of appoin