NIKHIL S. KARIEL
Sanjaykumar Gafurbhai Sharma – Appellant
Versus
Director General and Inspector General of Police – Respondent
ORDER :
1. Heard learned advocate Ms. Harshal Pandya, learned advocate Ms. Bhargavi Thakar and learned advocate Mr. N.K. Majmudar on behalf of the petitioners and learned Assistant Government Pleader Mr. Sahil Trivedi and learned Assistant Government Pleader Ms. Nidhi Vyas on behalf of the respondent-State.
2. Rule returnable forthwith. Learned Assistant Government Pleaders waive service of rule on behalf of the respondent-State.
3. 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.
4. Considering the submissions made by learned advocates for the respective parties, it would appear to this Court that the issue raised in the present petitions is squarely covered by the decision of this Court dated 14.03.2024 rendered in Special Civil Application No. 10738/2020 and allied matters. Considering such a situation, more particularly, since the identical nature of submissions have been raised by both the sides, this Court deems it appropriate to reproduce paragraphs no. 5 to 11.8 of the said decision
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....
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....
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
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.
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....
Employees appointed on compassionate grounds must receive regular pay-scale benefits from their initial appointment date, despite delays in filing petitions.
Fixed-term compassionate appointments must be treated as regular positions from the date of appointment, granting appropriate pay-scale and benefits, with arrears limited to three years before filing....
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