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.

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/-. 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 respondent No.2 – original petitioners of all the appeals have thereafter preferred writ petitions being Special Civil application No.13010 of 2024 and allied matters and the learned Single Judge vide order dated 23.06.2025, allowed the said writ petitions by observing that the issue raised in the captioned petitions is covered by the decision of this Court in Special Civil Application No.10738 of 2020 and allied matters dated 14.03.2024 wherein, the Court relying upon the decision of the Hon’ble Supreme Court as well as of this Court, had allowed the writ petitions directing the respondents to issue modified appointment orders to the petitioners, whereby the period from date of appointment of the petitioners would be treated as a regular pay-scale. The Court had further directed the respondents to pay to the petitioners all consequential benefits, which the petitioners would be entitled to upon the change in the date of the appointment orders, including arrears of benefits w.e.f. 01.01.2020. The respondents were directed to complete the exercise within a period of 4 months from the date of the order.

3.2. Being aggrieved by the aforesaid order, the appellants have filed the present Letters Patent Appeals, challenging the order dated 23.06.2025 passed by the learned Single Judge in Special Civil application No.13010 of 2024 and allied matters.

4. Considering the above, we also Admit these Appeals. Learned Assistant Government Pleaders Ms.Vaishnavi Verma and Ms.Krishna Desai, learned advocate Ms.Bhargavi G. Thakar and learned advocate Mr.Himanish J. Japee waive service of notice of admission for and on behalf of the respective respondents.

5. The Co-Ordinate Bench of this Court (Coram: Hon’ble Mr.Justice A.S.Supehia and Hon’ble Mrs.Justice Mauna M. Bhatt (As Her Ladyship was then) has followed the order dated 11.07.2024 passed in Letters Patent Appeal No.659 of 2024 wherein, similar issue has been dealt with. The order dated 11.07.2024 reads as under :

“14. The employees before us have contended that they are entitled to arrears from their initial date of appointment and not from 01.01.2020, whereas the State has prayed for restricting it for three years.

15. In our considered opinion, the date 01.01.2020 cannot be made applicable in all the cases uniformly in wake of the fact that the date of appointment of each of the employees and date of filing of the writ petitions is also different.

16. We