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A. S. SUPEHIA, MAUNA M. BHATT
State Of Gujarat – Appellant
Versus
Parbatbhai Mulubhai Vadhiya – Respondent
ORDER :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present Letters Patent Appeals filed under Clause 15 of the Letters Patent, 1865 are directed against the judgment and order dated 08.12.2022 passed by the learned Single Judge in the captioned writ petitions, whereby the learned Single Judge has allowed the captioned writ petitions and it was held that all three petitioners (present respondents) are entitled for first higher pay scale from the year 1987 or 1988 from the date on which they have completed 9 years of service. Further, the appellant authorities are directed to re-fix the salary of the present respondents notionally till today (i.e. from the date of judgment) and to revise their pension based on the aforesaid calculation and to start paying them within a period of 12 weeks from the date of receipt of the writ of the impugned judgment.
2. The learned Assistant Government Pleader has submitted that in fact, all the writ petitioners have belatedly approached this Court by filing the writ petitions in the year 2018, that too after their retirement, challenging the alleged cancellation of higher pay-scale by the appellant – State authorities in the year 1994. He has su
The court established that delays in service-related claims do not bar relief if based on a continuing wrong, and benefits should be calculated from the date of filing the writ petition.
The delay in filing service-related claims restricts entitlement to arrears to a maximum of three years prior to the filing of the writ petition, unless circumstances indicate a continuing wrong.
The court established that inordinate delay in seeking legal remedy, especially in service-related claims, can bar relief, and that the doctrine of delay and laches is a critical consideration in the....
Service-related claims can be enforced even after delays, limited to three years before filing due to continuing wrongs affecting entitlements.
In employment-related claims, arrears are limited to three years before the filing of the writ petition, reflecting the principles of delay and laches.
Compassionate appointments are substantive and entitled to regular pay-scale from the initial appointment date, with arrears limited to three years prior to filing due to delay.
An employee is entitled to a second higher pay-scale after 15 years of service if they remain stagnated in the same pay-scale despite receiving promotions.
The main legal point established in the judgment is the application of delay and laches, the concept of continuing wrong, and the interpretation of the Limitation Act in employee pay-scale disputes.
An employee cannot be penalized for the non-conduct of required examinations, and pension must be fixed based on the last drawn pay.
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