IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Vinodkumar Kantiji Thakor – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Heard learned Advocate for the petitioners and learned AGP for the respondent State.
2. Issue Rule. Learned AGP and learned Advocate for the respective respondent waive service of Rule.
3. At the outset, learned Advocate for the petitioners would submit that the issue raised in these petition 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 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 Division Bench, may be accorded to the present petitioners.
4. Learned AGP and learned Advocate for the District Panchayat would not dispute the proposition as having been submitted by learned Advocate for the petitioners.
5. It would appear that the petitioners before this Court, had been appointed on compassionate basis in terms of Government Resolution dated 15.06.2004, which prescribed the appointments on fixed pay on Ad-hoc basis for a period of 5 years and upon
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 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....
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
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....
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.
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 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.
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....
Employees appointed on compassionate grounds must receive regular pay-scale benefits from their initial appointment date, despite delays in filing petitions.
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