IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D.KARIA, L.S.PIRZADA
District Development Officer – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
(PER : HONOURABLE MR.JUSTICE L. S. PIRZADA)
1. Heard learned advocate Mr.Gaurang H. Bhatt for the appellant, learned Assistant Government Pleader Ms.Vaishnavi Verma and learned Assistant Government Pleader Ms.Krishna Desai for the respondent No.1 – State, learned advocate Ms.Bhargavi G. Thakar for respondent No.2 in Letters Patent Appeal Nos.1294 of 2025 and 1331 of 2025 and learned advocate Mr.Himanish J. Japee for respondent No.2 in Letters Patent Appeal No.1349 of 2025.
2. At the outset, learned advocates for the respective parties submitted that the present Letters Patent Appeals have been preferred by the appellant – Panchayat against the impugned Judgment and Order dated 23.06.2025 passed by the learned Single Judge in the petitions filed by the respective original petitioners being Special Civil application Nos.13010 of 2024, 13046 of 2024, 13707 of 2024 and 13750 of 2024 and 13762 of 2024.
3. Factual matrix of the case are that the respondent No.2 - original petitioners in all the appeals had been appointed on compassionate basis as Class-III employees on fix pay of Rs.2500/- per month. Thereafter, they were appointed on regular pay-scale on monthly salary of Rs.7730/-.
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.
Service-related claims can be enforced even after delays, limited to three years before filing due to continuing wrongs affecting entitlements.
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....
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.
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....
Court emphasized equity in treatment of compassionate appointments and limited retroactive benefits to three years from filing date.
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