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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Jat Ibrahim Sidik – Appellant
Versus
District Development Officer - Kutch – Respondent
| Table of Content |
|---|
| 1. petitioners seek same benefits as earlier resolved cases. (Para 3 , 4) |
| 2. petitioners appointed on compassion basis due to prior resolution. (Para 5 , 6 , 7) |
| 3. court reiterates binding previous decisions on similar cases. (Para 8 , 11) |
| 4. court directs compliance with previous orders and grants arrears. (Para 9 , 10) |
ORDER :
1. Heard learned Advocate for the petitioners and learned AGP Ms. Dhruti Pandya for the respondent State.
2. Issue Rule. Learned Advocates for the respective respondents waive service of Rule.
3. At the outset, learned advocate for the petitioners 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 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 respondent No.1 would not dis
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....
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
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....
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....
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 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.
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.
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