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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Jyotiben Bharatbhai Bhatti – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. petitions taken for final hearing. (Para 1 , 2 , 3) |
| 2. petitioners claim entitlement to same benefits. (Para 4 , 5 , 6) |
| 3. identical situation of petitioners. (Para 7 , 8) |
| 4. precedents bind the court in similar cases. (Para 9 , 10 , 11) |
| 5. order issued for modified appointment and benefits. (Para 12) |
ORDER :
NIKHIL S. KARIEL, J.
1. Heard learned Advocate Ms.Harshal Pandya and learned advocate Ms.Maitri Jani appearing on behalf of the petitioners in respective petitions and learned Assistant Government Pleader Mr.Aditya Pathak appearing on behalf of the respondent State in all the matters.
2. Issue Rule. Learned AGP Mr.Pathak waives service of rule on behalf of the respondents.
3. Since the common issue has been raised in all these writ petitions, with the consent of the parties, the present petitions are taken up for final hearing together.
4. At the outset, learned advocates for the respective 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 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.
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.
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.
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....
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.
Court ruled compassionate appointments must offer regular pay from the date of appointment, ensuring parity for similarly situated individuals, reinforcing precedential authority over state policy ar....
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