Case Note & Summary
The petitioner, Alpeshkumar Maheshkumar Shah, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court challenging an order dated 28.06.2018 passed by respondent No.2. The order granted him compassionate appointment upon the untimely death of his father, who died in harness while serving with respondent No.3. However, the appointment stipulated that for the initial five years, he would be appointed on a fixed wage of Rs.7,100/- and thereafter receive regular pay-scale. The petitioner sought modification of this condition, arguing that the fixed wage condition was unsustainable and that the Government Resolution dated 08.05.2006 relied upon by the respondents did not apply to compassionate appointments. The court heard arguments from Mr. Ajay L. Pandav for the petitioner, Ms. Forum Bimal Sukhadwala for respondent Nos.1 and 2, and Mr. Keyur A. Vyas for respondent No.3. The court noted that the issue was covered by a previous decision of the same court dated 19.01.2026 in Special Civil Application No.7018 of 2017. The court held that the Government Resolution dated 08.05.2006 issued by the Urban Development and Urban Housing Department does not apply to cases of compassionate appointment. Consequently, the court allowed the petition, quashed the condition of fixed wage, and directed that the petitioner be granted regular pay-scale from the date of his appointment. The court also directed that the arrears of salary be paid to the petitioner within eight weeks.
Headnote
A) Compassionate Appointment - Fixed Pay Condition - Applicability of Government Resolution - The court considered whether the condition of fixed wage for five years in a compassionate appointment is valid. The court held that the Government Resolution dated 08.05.2006 does not apply to compassionate appointments and that the petitioner is entitled to regular pay-scale from the date of appointment. (Paras 4-6) B) Writ Jurisdiction - Article 226 - Mandamus - The court exercised its writ jurisdiction under Article 226 of the Constitution of India to direct modification of the impugned order and grant regular pay-scale to the petitioner from the date of appointment. (Paras 3, 6)
Issue of Consideration
Whether the condition of fixed wage for initial five years in a compassionate appointment is sustainable in law and whether the Government Resolution dated 08.05.2006 applies to compassionate appointments.
Final Decision
The petition is allowed. The impugned order dated 28.06.2018 is modified to the extent that the petitioner shall be granted regular pay-scale from the date of his appointment. The respondents are directed to pay the arrears of salary to the petitioner within eight weeks from the date of receipt of the order.
Law Points
- Compassionate appointment
- fixed pay
- regular pay-scale
- Government Resolution dated 08.05.2006
- Article 226 of the Constitution of India
- writ of mandamus
