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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nikhil S.Kariel
Indrajeet Amrutlal Chorasiya – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. initial hearings and submissions from parties. (Para 1 , 2) |
| 2. petitioners challenge fixed term appointments citing established rights. (Para 4 , 6 , 8) |
| 3. discussion on policy applications and delays regarding appointments. (Para 7 , 10) |
| 4. final ruling and directives for appointment modifications. (Para 11) |
| 5. court confirms benefits for petitioners based on their similarity to other cases. (Para 12) |
JUDGMENT :
1. Heard learned Advocates for the petitioners in respective petitions and learned AGP for the respondent State in all the matters.
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 Division Bench. It is submitted by the learned advocates for the petitioners that since the petitioners are similarly situated to the
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.
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 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.
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 ....
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 appointments should align with substantive employment rights, and any delay in claims does not negate entitlements when based on continuing wrongs.
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.
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.
Fixed-term compassionate appointments must be treated as regular positions from the date of appointment, granting appropriate pay-scale and benefits, with arrears limited to three years before filing....
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