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.

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present appeal is directed against the judgment and order dated 08.01.2018 passed by the learned Single Judge rejecting the writ petition filed by the appellants seeking directions from the respondents to place them in regular pay-scale from their initial date of appointment and accordingly, count the aforesaid intervening period from the date of compassionate appointment till they are placed in regular pay-scale for the purpose of higher payscale, seniority, promotion, etc.

2. At the outset, learned advocate Mr. Majmudar has submitted that the issue is now squarely covered by the decision of the Coordinate Bench dated 11.07.2024 passed in Letters Patent Appeal No.659 of 2024 and allied matters. While placing reliance on the chart incorporated by the learned Single Judge in Paragraph No.5, it is submitted that all the appellants were appointed on compassionate appointment in the fixed pay, though their applications were made prior to the introduction of the scheme of fixed pay by the State Government, and hence, they are entitled to the regular pay-scale as they cannot be made to suffer on the ground of delay on the part of the State Government in issuing the appointment on compassionate ground. It is submitted that the learned Single Judge has rejected the writ petition on the ground of gross delay and also on the principle of estoppel. Learned advocate Mr. Majmudar has thus, submitted that since the issue is covered by the various decisions of the Division Bench, against which the Special Leave Petition is also rejected, the present appeal may be disposed of in terms of the order dated 11.07.2024 passed in Letters Patent Appeal No.659 of 2024 and allied matters.

3. It appears that the respondent authorities did not contest the petition on the ground of delay. However, the learned Single Judge has rejected the writ petition on the ground of delay and also while considering the judgment dated 18.09.2024 passed in Letters Patent Appeal No.825 of 2014 by the Division Bench while rejecting the writ petition.

4. It is not in dispute that subsequently, a similar issue has been considered by the other Division Bench being the order dated 03.10.2023 passed in Letters Patent Appeal No.287 of 2023, wherein the employees similarly situated to the present appellants were ordered to be placed in the regular appointment in regular pay-scale from the initial date of appointment. The Division Bench, in the other order dated 16.10.2023 passed in Letters Patent Appeal No.1293 of 2023, has upheld the decision of the learned Single Judge granting arrears from 01.01.2020 to the similarly situated employees, who were appointed on compassionate ground initially on fixed pay and thereafter, on regular pay-scale. The Division Bench in the said order dated 03.10.2023 has placed reliance on the judgment of the Supreme Court in the case of Canara Bank v. M. Maheshkumar, (2015) 7 SCC 412.

5. In the present case, the chart which is reproduced by the learned Single Judge in Paragraph No.5 is as under:-