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A. S. SUPEHIA, MAUNA M. BHATT
VADODARA DISTRICT PANCHAYAT – Appellant
Versus
PATEL MEHMUDBHAI KASANBHAI – Respondent
ORDER :
1. Admit. Learned advocates waive service of notice of admission for and on behalf of the respective respondents.
2. At the outset, learned Additional Advocate General Ms. Luvkumar appearing for the appellant authority has pointed out the order passed by the Apex Court dated 22.03.2024 in Special Leave to Appeal (Civil) No. 6378 of 2024 and has submitted that after the said SLP was dismissed, the State has framed a policy dated 12.08.2024 through the Finance Department i.e. GR No. EJF-102023-41-CH regulating arrears of retired employees as per the settled legal proposition enunciated by the Apex Court in the various judgments. She has submitted that the State was constrained to frame such policy as there are various writ petitions, which have been filed belatedly by the employees claiming the benefit of one increment. She has submitted that as per the said policy, the arrears are restricted to the period of 3 years in those cases where the employees have assailed the non-grant of increments after filing the writ petition beyond the period of 3 years.
3. Learned Additional Advocate General has referred to the decisions of the Apex Court in the cases, which are referred in the G
The court established that the state can limit arrears for increments to three years for belated claims, reinforcing the importance of timely action by employees.
Employees appointed on compassionate grounds must receive regular pay-scale benefits from their initial appointment date, despite delays in filing petitions.
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....
The court upheld that employees appointed on compassionate grounds are entitled to be treated as regular employees from their appointment date, ensuring equal pay and benefits as dictated by establis....
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....
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
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 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....
Court affirmed that delay in seeking compassionate appointments does not extinguish entitlement to benefits from the date of original appointment, limited to three years for arrears.
The court reaffirmed the right to regular pay scale and benefits for compassionate appointments, limiting arrears to three years from filing date, establishing that past judicial decisions should gui....
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