NIKHIL S. KARIEL
Vivek Narendrabhai Thaker – Appellant
Versus
States Of Gujarat – Respondent
ORDER :
1. Heard learned Advocate Ms. Bhargavi Thakar on behalf of the petitioner and learned Assistant Government Pleader Mr.Sahil Trivedi 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 this petition, the petitioner has inter alia sought for being granted the benefit of being appointed on substantive/regular basis from his 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 petition 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 as hereinabove:-
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 ....
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
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....
Compassionate appointments should align with substantive employment rights, and any delay in claims does not negate entitlements when based on continuing wrongs.
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....
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.
Employees appointed on compassionate grounds must receive regular pay-scale benefits from their initial appointment date, despite delays in filing petitions.
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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