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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Shoyab Mahamad Khoja , Talati Cum Mantri – Appellant
Versus
District Development Officer – Respondent
| Table of Content |
|---|
| 1. initial hearings and agreements on rule issuance. (Para 1 , 2 , 3) |
| 2. petitioner's argument based on prior case precedents. (Para 4 , 5) |
| 3. background on petitioner's employment and previous court ruling. (Para 6 , 7 , 8) |
| 4. court's examination of related cases and principles applying to the situation. (Para 9 , 11) |
| 5. final orders stipulating compliance and directions for the future. (Para 10 , 12) |
ORDER :
NIKHIL S. KARIEL, J.
1. Heard learned Advocate Mr. J.V. Japee for learned Advocate Mr. Himanish Japee for the petitioner, learned Advocate Mr. Nisarg Jain for the respondent No.1 and learned AGP Ms. Dhruti Pandya for the respondent No.2-State.
2. Issue Rule. Learned Advocates for the respective respondents waive service of Rule.
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 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....
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.
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 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 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.
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.
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.
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