Gujarat High Court
Pankaj Ambalal Solanki vs State Of Gujarat on 26 March, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/6344/2022 ORDER DATED: 26/03/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.6344 of 2022
With
R/SPECIAL CIVIL APPLICATION NO.6360 of 2022
With
R/SPECIAL CIVIL APPLICATION NO.6443 of 2022
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PANKAJ AMBALAL SOLANKI
Versus
STATE OF GUJARAT & ORS.
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Appearance :
MR RAMNANDAN SINGH for the Petitioner.
MR SANJAY UDHWANI, AGP for the Respondents.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 26/03/2025
ORAL ORDER
1. Learned advocate for the petitioners would submit that the issue in the present group of petitions pertain to grant of salary in minimum of pay scale to petitioners who are working on temporary basis for four hours and more with the respondents. Learned advocates for the petitioners would submit that the issue is no more res integra more particularly learned advocates would submit that vide a decision dated 19.07.2022 in Special Civil Application No.8766 of 2021 and allied matters a learned Co- ordinate Bench of this Court had while observing that a temporary workman who would be entitled to benefit of minimum of pay scale as per Government Circular dated 16.07.2019 had divided the issue into eight categories and had inter alia observed that the employees working in the said categories would be entitled to the said benefit.
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2. It is further submitted that the decision dated 19.07.2022 by the learned Co-ordinate Bench had been challenged by the respondent - State by preferring Letters Patent Appeal No.724 of 2023 and allied matters. It is submitted that Letters Patent Appeal had been restricted to one of the categories i.e. as regards payment of minimum of pay scale to workmen who were working for minimum of four hours or more with the respondents as temporary workmen. It is submitted that the Division Bench vide judgment dated 11.08.2023 had confirmed the decision of the learned Co-ordinate Bench more particularly holding that workmen who are working for four hours or more with the concerned respondents as temporary employees would be entitled to grant of salary in minimum of pay scale as per Government Resolution dated 16.07.2019.
3. Learned advocate for the petitioners would submit that in all the petitions, the petitioners have relied upon documents of the respondents whereby it is confirmed that the petitioners are working for four hours or more with the respondents. Learned advocates for the petitioners would further submit that the issue being settled by Division Bench of this Court, and whereas since all the petitioners of the present petitions are working for four hours or more as could be made out from documents on record, therefore, this Court may direct the respondents to forthwith pay to such petitioners salary in minimum of pay scale, more particularly with effect from 01.01.2019 as per Government Resolution dated 16.07.2019.
4. As against the same learned Assistant Government Pleader would submit that while the legal proposition as emanating Page 2 of 5 Uploaded by R.N. SAVARIYA(HC00179) on Wed Mar 26 2025 Downloaded on : Wed Mar 26 22:59:38 IST 2025 NEUTRAL CITATION C/SCA/6344/2022 ORDER DATED: 26/03/2025 undefined from the decisions of this Court as submitted by learned Senior Advocate may not be disputable, yet, the respondents may be permitted to at least verify the documents which have been produced on record by the petitioners whereby they have attempted to point out that they have been working for four hours or more and after such documents are verified, the authorities be under a direction to make payment as per the Government Circular dated 16.07.2019.
5. Having heard learned advocate for the petitioners and learned Assistant Government Pleader and having perused the documents including judgment of the learned Coordinate Bench as well as the Division Bench, insofar as the entitlement of persons who are working for four hours or more as temporary employees for minimum of pay scale, the same is undisputable and undeniable. If any of the petitioner is working for four hours or more, then such petitioner would be entitled to salary in minimum of pay scale as per Government Resolution dated 16.07.2019 with effect from 01.01.2019. The only aspect which requires verification is as regards the number of hours for which the petitioners are working. Again, it requires to be mentioned here that as per learned advocates and as also coming out from the record, in all the cases, there are orders issued by appointing authorities themselves, whereby the petitioners' working hours have been fixed for four hours or more. Therefore, while this Court would permit the respondents to undertake a verification the same would be only of limited nature, considering the observations as above, and within a specific period of time frame.
6. Having regard to the above observations, the following Page 3 of 5 Uploaded by R.N. SAVARIYA(HC00179) on Wed Mar 26 2025 Downloaded on : Wed Mar 26 22:59:38 IST 2025 NEUTRAL CITATION C/SCA/6344/2022 ORDER DATED: 26/03/2025 undefined directions are passed :-
(i) Since it is found that the petitioners have placed orders on record whereby it appears that petitioners have been appointed as temporary workmen to work for four hours or more per day, the appointing authorities is only need to verify whether the original appointment orders and /or later orders / service particulars issued by the State Authorities specify whether the petitioners are appointed / working for four hours or more with the respondents.
(ii) Such verification shall be completed within a period of ten weeks by the concerned appointing authorities. Upon such verification being completed, all such employees who are found to be working for four hours or more shall be paid salary in minimum of pay scale hereinafter and whereas arrears from 01.01.2019 shall be paid within a period of four weeks thereafter.
(iii) It is clarified that while this Court having examined all the matters has noticed that there are documents on record to show that the petitioners are working for four hours or more, yet, if the respondents, after verification, find that the petitioners are working for less than four hours as required, then appropriate Page 4 of 5 Uploaded by R.N. SAVARIYA(HC00179) on Wed Mar 26 2025 Downloaded on : Wed Mar 26 22:59:38 IST 2025 NEUTRAL CITATION C/SCA/6344/2022 ORDER DATED: 26/03/2025 undefined speaking order shall be passed by the respondents rejecting the request and whereas the same shall also be done within the above referred period of ten weeks.
7. With the above observations and directions present set of petitions stand disposed of as allowed. Direct service is permitted.
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