1. Legal heirs of employees who died in harness prior to the implementation of the fixed-pay contractual appointment policy claimed entitlement to regular pay from the date of initial appointment. (Para 3 )
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2026 Supreme(Online)(Guj) 34230
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Aniruddha P. Mayee, J
Premilaben Bhikhabhai Prajapati – Appellant
Versus
State of Gujarat – Respondent
R/SPECIAL CIVIL APPLICATION NO. 14099 of 2026
Important Points
Compassionate appointees whose predecessors died before 15.06.2004 are entitled to regular pay from the date of appointment, with arrears limited to three years prior to the filing of the petition.
Subject
Service Law - Compassionate Appointment
Headnote
(A) Compassionate Appointment - Regular Pay vs. Fixed Pay - Entitlement of legal heirs appointed on compassionate grounds to regular pay-scale from the date of appointment, provided the original employee died prior to the State Government policy dated 15.06.2004 which introduced fixed pay for the first five years. (Para 3)
(B) Arrears of Pay - Limitation Period - Payment of arrears for employees appointed on regular pay-scale is limited to a period of three years preceding the date of filing the writ petition, in accordance with the law laid down by the Supreme Court. (Para 3, 5(ii))
Issues: Whether the petitioner is entitled to regular pay from the date of appointment and consequential arrears based on the date of demise of the original employee.
(B) Arrears of Pay - Limitation Period - Payment of arrears for employees appointed on regular pay-scale is limited to a period of three years preceding the date of filing the writ petition, in accordance with the law laid down by the Supreme Court. (Para 3, 5(ii))
Issues: Whether the petitioner is entitled to regular pay from the date of appointment and consequential arrears based on the date of demise of the original employee.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Dhruvi K Desai, Harshal N Pandya
For the Respondents: Vanita Bharwani, R.D. Kinariwala
For the Appellants/Petitioners: Dhruvi K Desai, Harshal N Pandya
For the Respondents: Vanita Bharwani, R.D. Kinariwala
Table of Contents
2. Petitioner sought relief conforming to prior court rulings on pay regularization, while the State requested verification of the deceased employee’s date of demise to determine appointment eligibility. (Para 3 , 4 )
3. The Court observed that established precedent grants employees, whose predecessors died before the restrictive policy, the right to regular pay scales from their original date of appointment. (Para 3 , 5 )
4. Compassionate appointees whose predecessors died before the restrictive contractual policy are entitled to regular pay-scale status from their date of appointment, subject to a three-year arrears limitation. (Para 3 , 5 )
5. The Court ordered the State to verify dates of demise and grant regular pay status with arrears limited to three years preceding the petition filing date. (Para 5 , 6 )
6. Are compassionate appointees eligible for regular pay if the deceased employee died before the contractual fixed-pay policy?
Yes, if the employee died before the policy's implementation, the appointee is entitled to be treated as appointed on a regular pay scale from their original date of appointment. (Para 3 , 5 )
7. Does the limitation of three years for arrears apply to compassionate appointment regularization cases?
Yes, following established Supreme Court principles, the arrears for such regularized appointments are restricted to the three-year period immediately preceding the date of filing the writ petition. (Para 3 , 5 )
ORAL ORDER
1. Heard learned advocate for the petitioner and learned Assistant Government Pleader for the respondent authorities.
2. Rule returnable forthwith. Learned AGP waives service of rule on behalf of the respondents.
3. The issue raised in the present petition is with regard to securing benefit, as the petitioner would have been entitled to from the date of appointment, without any reference to the policy of the State Government of appointment, on contractual basis on fixed pay. The case of the petitioner being that the petitioner is legal heir of employee who had died in harness and whereas, it is the case of the petitioner that the demise of the person in employment, was prior to 15.06.2004, by which policy, the State had introduced fresh appointments in the State, on contractual basis on fixed pay for a period of 5 years. It would appear that the issue had reached this Court in Special Civil Application No.10738 of 2020 and allied matters and vide an order dated 14.03.2024, this Court had allowed the petitions inter alia holding that such original employees, whose demise had resulted in the petitioners being appointed on compassionate basis had expired, prior to the date of coming into force of the policy, which is referred to herein above then such petitioners would be entitled for being given benefit of regular pay from the date of their appointment as against being paid a fixed salary for a period of 5 years. It also appears that the said decision, had been challenged by the State authorities before the Hon’ble Division Bench and whereas, the Hon’ble Division Bench in Letters Patent Appeal No.659 of 2024 and allied matters, vide decision dated 11.07.2024, had upheld the decision of this Court, albeit with a modification that the petitioners would be entitled for payment of arrears for a period of 3 years prior to the date of filing of the petition, as per the law laid by the Hon’ble Supreme Court in the case of Shiv Dass Vs. Union of India , 2007 (9) S.C.C. 274 and in the case of Union of India Vs. Tarsem Singh , 2008 (8) S.C.C. 648. The present petitioner submits that while the petitioner, would be satisfied, if the direction, of this Court as modified by the Hon’ble Division Bench, is passed in favour of the petitioner.
4. As against the same, it is the case of respondent – State that in case the petitioner is entitled, as per the decision of this Court as confirmed by the Division bench, then certainly he would be entitled to the benefits, but, the respondents may be permitted to verify the date of demise of the respective original employees, so as to decide the entitlement of the petitioner.
5. Considering such a position, to this Court, the following directions would meet with the ends of justice:-
(i) The petitioner – employee, is directed to submit an appropriate representation, which should contain the date of demise of the respective original employee along with appropriate documents including death certificate to the concerned Department. The said representation would be made within a period of 15 days from the date of receipt of this order.
(ii) Upon the representation being received, the concerned authorities are directed to verify the date of demise, and if the petitioner is entitled otherwise, then the direction of this Court, as modified by the Hon’ble Division Bench as regards treating the present petitioner as being appointed on regular pay-scale from the date of their actual appointment, shall enure in favour of the petitioner also. Furthermore, as directed by the Hon’ble Division Bench, the petitioner would only be entitled to arrears for a period of 3 years preceding the date of filing of the writ petition.
(iii) If case the petitioner is deemed to be entitled, the respondents are directed to issue modified appointment order to the petitioner inasmuch as the date of the appointment of the petitioner would be treated as the date on which the petitioner has
