IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Patel Kapilaben Bhanubhai – Appellant
Versus
District Development Officer – Respondent
ORDER :
NIKHIL S. KARIEL, J.
1. Heard learned Advocate Mr.Himanish Japee appearing on behalf of the petitioners, learned advocate Mr.Pradip Patel on behalf of respondent no.1 and learned Assistant Government Pleader Ms.Nirali Sarda appearing on behalf of the respondent - State.
2. Issue Rule. Learned Advocates for the respective respondents waive service of Rule.
3. Since the common issue has been raised in all these writ petitions, with the consent of the parties, the present petitions are taken up for final hearing together.
4. At the outset, learned advocates for the respective petitioners would submit that the issue raised in these petitions is covered by a decision of this Court in Special Civil Application No.10738 of 2020 and allied matters dated 14.03.2024 and whereas, it is submitted that the said decision with a modification had been confirmed by the Hon’ble Division Bench. It is submitted by the learned advocate for the petitioners that since the petitioners are similarly situated to the petitioners of the above writ petitions, the same benefit as modified by the Hon’ble Division Bench, may be accorded to the present petitioners.
5. Learned AGP and learned advocate for the Dis
Petitioners entitled to receive modified appointment orders with regular pay scales from the original appointment date, along with arrears for three years prior to filing of petitions.
Compassionate appointment beneficiaries must receive benefits, including regular pay-scale and arrears restricted to three years prior to filing petitions, ensuring equal treatment under the law.
The court reaffirmed the right to regular pay scale and benefits for compassionate appointments, limiting arrears to three years from filing date, establishing that past judicial decisions should gui....
Compassionate appointments must align with the applicable policies at the time of the deceased employee's death, and modifications for pay-scale and arrears must be applied uniformly among similarly ....
The court ruled that petitioners appointed on compassionate grounds are entitled to regular pay scale from their initial appointment date, alongside arrears for three years prior to filing petitions.
Court ruled compassionate appointments must offer regular pay from the date of appointment, ensuring parity for similarly situated individuals, reinforcing precedential authority over state policy ar....
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....
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.
Petitioners entitled to modified compassionate appointment orders at regular pay scale from initial appointment date, with arrears limited to three years prior to filing date.
Compassionate appointments should align with substantive employment rights, and any delay in claims does not negate entitlements when based on continuing wrongs.
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