Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Raval Mehulkumar Pramodchandr – Appellant
Versus
District Development Officer – Respondent
| Table of Content |
|---|
| 1. execution of hearing and ruling initiation. (Para 1 , 2 , 3) |
| 2. discussion on prior cases ensuring equitable treatment. (Para 4 , 5) |
| 3. affirmation of equitable rights for the petitioner similar to past claimants. (Para 6 , 7 , 9) |
| 4. court's final directions on remedies granted. (Para 8) |
ORDER :
2. Issue Rule. Learned Advocates for the respective respondents waive service of Rule.
4. At the outset, learned advocate for the petitioner would submit that the issue raised in this 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 petitioner that since the petitioner is 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 petitioner.
6. It would appear that the petitioner before this Court, had been appointed on compassionate basis in terms of Government Resolution dated 15.06.2004, which prescribed the appointment on fixed pay on Ad- hoc basis
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
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....
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 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 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....
Compassionate appointments should align with substantive employment rights, and any delay in claims does not negate entitlements when based on continuing wrongs.
Employees appointed on compassionate grounds must receive regular pay-scale benefits from their initial appointment date, despite delays in filing petitions.
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 the right of petitioners, appointed on compassionate grounds, to be considered for regular pay-scale from their initial appointment date, with restrictions on arrears limited to th....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
