A. S. SUPEHIA, MAUNA M. BHATT
DISTRICT DEVELOPMENT OFFICER – Appellant
Versus
PRATIK KANTILAL PATANVADIYA – Respondent
ORDER :
1. The present appeals are ADMITTED. Learned advocates appear and waive service of notice of admission on behalf of the respective respondents.
2. At the outset, learned advocate Ms. Krupali N. Bhatt, appearing for the appellants has submitted that the issue is squarely covered by the order passed by this Court dated 11.07.2024 in Letters Patent Appeal No. 659 of 2024 and allied matters.
3. It appears that the present appeals were not listed along with the group of matters, which are decided by this Court vide order dated 11.07.2024.
4. In the order dated 11.07.2024, this Court has observed thus:
10. Both the rival parties have filed the captioned Letters Patent Appeals assailing the order passed by the learned Single Judges. So far as the issue of conferring the regular pay-scale from the initial date of appointment to the writ petitioners is concerned, the same is no more res integra and we do are not inclined to tinker with such directions.
11. In these group of LPAs, learned Single Judges have issued directions to grant arrears w.e.f. 01.01.2020. It is noti
Asger Ibrahim Amin v. Life Insurance Corporation of India
Rushibhai Jagdishchandra Pathak vs. Bhavnagar Municipal Corporation
In employment-related claims, arrears are limited to three years before the filing of the writ petition, reflecting the principles of delay and laches.
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.
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.
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.
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....
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.
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....
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....
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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