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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Nagar Manjulaben Rajeshbhai – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. common legal representation heard (Para 1 , 3 , 5) |
| 2. petitioners seek benefit under previous court decisions (Para 4 , 6 , 8) |
| 3. court acknowledges previous decisions affecting appointment terms (Para 7 , 9 , 10) |
| 4. directions for the issuance of modified appointments and benefits (Para 12) |
ORDER :
NIKHIL S. KARIEL, J.
1. Heard learned Advocate Ms. Bhargavi G. Thakar for the petitioners in both the matters, learned Advocate Mr. Kalpesh N. Shastri for the respondent No. 2 in Special Civil Application No. 8508 of 2025 and learned AGP Mr. Aditya Pathak for the respondent State in both the matters.
2. Issue Rule. Learned Advocates for the respective respondents waive service of Rule.
3. Since a common issue has been raised in both these writ petitions, with the consent of the parties, the present petitions are taken up for final hearing together.
4. At the outset, learned advocate for the 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 Divisi
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 ....
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.
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 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 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.
Court affirmed that delay in seeking compassionate appointments does not extinguish entitlement to benefits from the date of original appointment, limited to three years for arrears.
Compassionate appointments should align with substantive employment rights, and any delay in claims does not negate entitlements when based on continuing wrongs.
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....
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