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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Pravinkumar Gulabbhai Jagtap – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. hearing and representation of parties (Para 1 , 2) |
| 2. reference to previous court decisions (Para 4 , 5) |
| 3. petitioner's circumstances and prior rulings (Para 6 , 8) |
| 4. observations on court precedents (Para 7 , 9) |
| 5. directions for compliance and issuance of orders (Para 10) |
| 6. final order of petition (Para 12) |
ORDER :
Nikhil S. Kariel, J.
1. Heard learned Advocate Ms. Maitri N. Jani for the petitioner and learned AGP Ms. Nirali Sarda for the respondents.
2. Issue Rule. Learned AGP waives service of Rule on behalf of the respondents.
3. With the consent of the parties, the present petition is taken up for final hearing.
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
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 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....
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.
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, appointed on compassionate grounds, are entitled to regular pay scales and benefits consistent with earlier court decisions, regardless of the delay in their applications.
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.
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....
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.
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