NIKHIL S. KARIEL
Jatin Jayendrabhai Vora – Appellant
Versus
District Development Officer – Respondent
ORDER :
1. Heard learned advocate Mr.Himnish Japee, learned advocate Mr.N.K.Majmudar and learned advocate Ms.Kiran Udasi for learned advocate Mr.Tejas Satta on behalf of the petitioners and learned Assistant Government Pleaders Mr.Sahil Trivedi and learned Assistant Government Pleader Ms.Nidhi Vyas on behalf of the respondent – State.
1.1. Learned advocate Mr.Himnish Japee appearing for the petitioners in Special Civil Applications No.6533/2024 and 6562/2024 tenders a draft amendment. The same is granted. To be carried out right away.
2. By way of these petitions, the petitioners have inter alia sought for being granted the benefit of being appointed on substantive/regular basis from their date of appointment and be given all benefits as accruing on the basis of such a direction.
3. At the outset, it requires to be noted that while this Court is of the considered opinion that the issue stands covered by decision of this Court in Special Civil Application No.10738/2020 and allied matters dated 14.03.2020, it would also appear that the respondents herein in addition to the State Government is the District Development Officer/District Panchayat as the case may be.
4. Since the aspects requ
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....
Compassionate appointments should align with substantive employment rights, and any delay in claims does not negate entitlements when based on continuing wrongs.
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
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....
The court established that similarly situated employees are entitled to the same benefits as previously determined in comparable cases, ensuring equity in compassionate appointments and rectifying pa....
Employees appointed on compassionate grounds must receive regular pay-scale benefits from their initial appointment date, despite delays in filing petitions.
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....
The court affirmed that employees appointed on compassionate grounds are entitled to regular pay scales from the initial date of appointment, subject to a limit of three years for the payment of arre....
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