A. S. SUPEHIA, GITA GOPI
Kanubhai Khodabhai Patel – Appellant
Versus
State Of Gujarat – Respondent
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
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....
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....
Compassionate appointment claims must adhere to established policy principles and be granted uniformly to similarly situated individuals despite filing delays, with arrears limited to three years bef....
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
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....
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.
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.
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.
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