Back
A. S. SUPEHIA, MAUNA M. BHATT
KAMLESHBHAI HEMANTBHAI JOSHI – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The present appeal emanates from the order dated 19.06.2019, whereby the learned Single Judge has rejected the writ petition filed by the appellant seeking fixation of pension based on his last pay drawn as Deputy Chitnis along with pay difference of amount from 2010.
2. At the outset, learned senior advocate Mr.Joshi has submitted that the learned Single Judge fell in error in rejecting the writ petition on the ground of delay since denial of pension on the enhanced pay, as claimed by the appellant, would be recurring cause of action. He has submitted that the appellant was promoted by the order dated 03.04.2006 to the post of Deputy Chitnis with condition that he has to pass the departmental examination. It is submitted that the appellant appeared in the departmental examination, which was held in the year 2006 however, he could not clear the same and thereafter, he retired on the same post on 30.11.2010. While placing reliance on the rules governing the departmental examination to the post of Deputy Chitnis, he has pointed out the notification dated 20.08.2002 more particularly, Rules 3 and 5 thereof and has submitted that the appellant still had two
An employee cannot be penalized for the non-conduct of required examinations, and pension must be fixed based on the last drawn pay.
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.
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 must receive regular pay-scale benefits from their initial appointment date, despite delays in filing petitions.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
