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2024 Supreme(Guj) 2083

A. S. SUPEHIA, GITA GOPI
Kanubhai Khodabhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR NK MAJMUDAR
For the Respondent: MR SAHIL TRIVEDI, MR HS MUNSHAW

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

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