IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Saryuben Sureshbhai Mehta Wife Of Expired Talati Cum Mantri – Appellant
Versus
District Development Officer – Respondent
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned Advocates for the petitioners in respective petitions and learned AGP for the respondent State in all the matters.
2. Issue Rule. Learned AGP / learned advocates for the respective respondents waive service of Rule.
3. Since a 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 petitioners of the above writ petitions, the same benefit as modified by the Division Bench, may be accorded to the present petitioners.
5. Learned AGP and learned advocates for the District Panchayats would not dispute the proposition as having been submitted by learned advocates for the petitioners.
6
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....
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....
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.
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 ....
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.
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.
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....
Compassionate appointments should align with substantive employment rights, and any delay in claims does not negate entitlements when based on continuing wrongs.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.