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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Geetaben Vishnubhai Prajapati – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. hearing and service of rule. (Para 1 , 2 , 3) |
| 2. petition covered by prior decision. (Para 4 , 5) |
| 3. details of petitioners’ appointment. (Para 6 , 7) |
| 4. entitlement to similar benefits. (Para 8 , 9) |
| 5. past decisions affecting current case. (Para 10 , 11) |
| 6. final order and directions. (Para 12) |
ORDER :
NIKHIL S. KARIEL, J.
1. Heard learned Advocate Ms. Harshal N. Pandya for the petitioners and learned AGP Ms. Nirali Sarda for the respondents in both the petitions.
2. Issue Rule. Learned AGP waives service of Rule on behalf of the respondents.
3. Since a common issue has been raised in both the writ petitions, with the consent of the parties, both the 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 Division Bench. It is submitted by the learned advocate for the petitioners that since the petitioners are similarly situated to the petitioners of the a
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.
Employees appointed on compassionate grounds must receive regular pay-scale benefits from their initial appointment date, despite delays in filing petitions.
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....
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....
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....
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.
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