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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D.KARIA, L.S.PIRZADA
District Development Officer – Appellant
Versus
State of Gujarat – Respondent
ORDER :
L.S. PIRZADA, J.
1. Heard learned advocate Mr.Gnanesh G. Bhatt appearing for Mr.Gaurang H. Bhatt for the appellant, learned Assistant Government Pleader Ms.Shruti Dhruve for the respondent No.1 – State and learned advocate Mr.Himanish J. Japee for respondent Nos.2 to 6.
2. At the outset, learned advocates for the respective parties submitted that the present Letters Patent Appeal has been preferred by the appellant – Panchayat against the impugned Judgment and Order dated 23.06.2025 passed by the learned Single Judge in Special Civil application Nos.1489 of 2025, 1826 of 2025 and 1870 of 2025.
3. Factual matrix of the case are that the respondent Nos.2 to 6 - original petitioners had been appointed on compassionate basis as Class-III employee on fix pay of Rs.2500/- per month. Thereafter, he was appointed on regular pay-scale. It is the case of the original petitioners that they have not been given appointment on regular basis and have been wrongly appointed on fixed pay on fixed term basis.
3.1. The respondents – original petitioners have thereafter, preferred writ petitions being Special Civil application No.1489 of 2025 and allied matters and the learned Single Judge vide ord
Service-related claims can be enforced even after delays, limited to three years before filing due to continuing wrongs affecting entitlements.
The delay in filing service-related claims restricts entitlement to arrears to a maximum of three years prior to the filing of the writ petition, unless circumstances indicate a continuing wrong.
In employment-related claims, arrears are limited to three years before the filing of the writ petition, reflecting the principles of delay and laches.
Compassionate appointments are substantive and entitled to regular pay-scale from the initial appointment date, with arrears limited to three years prior to filing due to delay.
Claims for service-related arrears are generally limited to three years prior to the filing date of the petition, reflecting principles of delay and laches.
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....
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....
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
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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