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BIREN VAISHNAV
Rajan Husainbhai Juneja – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned Assistant Government Pleader waives service of notice of Rule for the respondent No.1 – State while Mr. H.S. Munshaw, learned advocate waives service of notice of Rule for the respondent No.2.
2. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.
3. Heard Ms. Harshal Pandya, learned advocate for the petitioners, Mr. Utkarsh Sharma learned AGP for the respondent-State and Mr. H.S. Munshaw learned counsel for the respondent No.2.
4. The case of the petitioner is that on death of his mother in harness on 25.10.1990 who was working as Female Health Worker with Respondent No.2, he applied for compassionate appointment on 21.07.2001 after attaining the majority. Application of the petitioner was considered by respondent No.1 permitting respondent No.2 to give appointment on compassionate ground in Class-III cadre in fix pay of Rs.2,500/- vide order dated 6.1.2005. By following instruction, respondent No.2 issued an order dated 11.4.2005 appointing petitioner as Talati-cum-Mantri in fix pay for five years and on completion of that period, he was given a
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 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 the petitioners were entitled to compassionate appointment based on the Resolution dated 10.3.2000, and the court directed the respondents to ....
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....
It is also not in dispute that after lifting of the ban, the District Compassionate Committee recommended the appellant's appointment as teacher on compassionate ground and he was appointed against t....
Compassionate appointments are not automatic and must adhere to the rules in force at the time of the employee's death, ensuring equitable treatment.
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.
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....
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