A. S. SUPEHIA, MAUNA M. BHATT
RAKESH PRABHUDAS GADIT – Appellant
Versus
DISTRICT DEVELOPMENT OFFICER – Respondent
ORDER :
1. Admit. Learned advocates waive service of notice of admission for and on behalf of the respective respondents.
2. With consent of the learned advocates appearing for the respective parties, the present appeals are taken up for final hearing and are heard together.
3. The issue raised in all these appeals is with regard to grant of regular pay-scale to those employees, who are appointed on compassionate appointment on fixed pay-scale. Number of judgments are cited before this Court by the learned advocates for the respective parties conferring regular pay-scale to the employees from their initial date of appointment. The issue is no more res integra. Against the couple of orders, the SLPs are also dismissed. Thus, the issue of conferring the regular pay scale to those employees, who are initially appointed on a fixed pay on compassionate appointment, does not need further deliberation. However, the issue, which calls for interference by this Court is with regard to grant of actual arrears to such employees, who have belatedly approached this Court by filing the writ petitions.
4. Various judgments are cited by the learned advocates for the respective parties and have vocifero
Asger Ibrahim Amin v. Life Insurance Corporation of India
N.C. Santhosh Vs. State of Karnataka
Rushibhai Jagdishchandra Pathak vs. Bhavnagar Municipal Corporation
Claims for service-related arrears are generally limited to three years prior to the filing date of the petition, reflecting principles of delay and laches.
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.
Service-related claims can be enforced even after delays, limited to three years before filing due to continuing wrongs affecting entitlements.
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 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 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 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.
Employees appointed on compassionate grounds are entitled to regular pay scale from initial appointment date, with any delays in claims restricted to three years prior to petition filing.
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