Gujarat High Court
Girishbhai Dhulabhai Solanki vs State Of Gujarat on 27 November, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/18909/2023 ORDER DATED: 27/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18909 of 2023
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GIRISHBHAI DHULABHAI SOLANKI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR MEET D KAKADIA(11896) for the Petitioner(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2,4
NOTICE SERVED BY DS for the Respondent(s) No. 3,5
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 27/11/2025
ORAL ORDER
1. Heard learned advocate Mr. Meet Kakadiya for the petitioner, learned Assistant Government Pleader Mr. Aditya Davda on behalf of respondent-State, learned advocate Mr. H.S.Munshaw for the respondents No. 2, 3, 4.
2. Learned advocate Mr. Meet Kakadiya for the petitioner would submit that the issue in the present petition pertains to grant of salary in minimum of pay scale to petitioner who is working on temporary basis for four hours and more with the respondents. Learned advocate for the petitioner would submit that the issue is no more res integra more particularly, in view of decision dated 19.07.2022 in Special Civil Application No.8766 of 2021 and allied matters, the Co-ordinate Bench Page 1 of 5 Uploaded by PARMAR CHIRAG(HC02371) on Mon Dec 01 2025 Downloaded on : Mon Dec 01 21:11:05 IST 2025 NEUTRAL CITATION C/SCA/18909/2023 ORDER DATED: 27/11/2025 undefined 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.
2.1. It is further submitted that the decision dated 19.07.2022 by the 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 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 petitioner would submit that in petition, the petitioner has relied upon documents of the respondents whereby it is confirmed that the petitioner is working for four hours or more with the respondents. Learned advocate for the petitioner would further submit Page 2 of 5 Uploaded by PARMAR CHIRAG(HC02371) on Mon Dec 01 2025 Downloaded on : Mon Dec 01 21:11:05 IST 2025 NEUTRAL CITATION C/SCA/18909/2023 ORDER DATED: 27/11/2025 undefined that the issue being settled by Division Bench of this Court, and whereas since petitioner of the present petition is 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 the petitioner 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 submitted that while the legal proposition from the decisions of this Court as submitted by learned Advocate for the petitioner may not be disputable, yet, the respondents may be permitted to atleast verify the documents which have been produced on record by the petitioner whereby they have attempted to point out that he has been working for four hours or more and after such documents are verified, the authorities may be directed to make payment as per the Government Circular dated 16.07.2019.
4.1. The submission made by learned AGP has been reiterated by learned advocate Mr.Munshaw that the respondents may be permitted to verify.
5. Having heard learned advocate for the petitioner and learned Assistant Government Pleader as well as learned advocate Mr.Munshaw on behalf of the concerned respondents and having perused the Page 3 of 5 Uploaded by PARMAR CHIRAG(HC02371) on Mon Dec 01 2025 Downloaded on : Mon Dec 01 21:11:05 IST 2025 NEUTRAL CITATION C/SCA/18909/2023 ORDER DATED: 27/11/2025 undefined documents including judgment of the Coordinate Bench as well as the Division Bench, insofar as the entitlement of person who is working for four hours or more as temporary employee for minimum of pay scale, the same is undisputable and undeniable. If the petitioner is working for four hours or more, then the 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 petitioner is working. Again, it requires to be mentioned here that as per submission of learned AGP and as also coming out from the record, in all the these cases, there are orders issued by appointing authorities themselves, whereby the petitioner's 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 directions are passed:-
(i) Since it is found that the petitioner has placed order on record whereby it appears that petitioner has been appointed as temporary workmen to work for four hours or more per day, the appointing authorities need to verify only whether the original Page 4 of 5 Uploaded by PARMAR CHIRAG(HC02371) on Mon Dec 01 2025 Downloaded on : Mon Dec 01 21:11:05 IST 2025 NEUTRAL CITATION C/SCA/18909/2023 ORDER DATED: 27/11/2025 undefined appointment order and /or later order/ service particulars issued by the State Authorities specify whether the petitioner is 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, the employee who is 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 petitioner is working for four hours or more, yet, if the respondents, after verification, find that the petitioner is working for less than four hours as required, then appropriate 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 petition stand disposed of as allowed.
Direct service is permitted.
NIRZAR S. DESAI,J) PARMAR CHIRAG Page 5 of 5 Uploaded by PARMAR CHIRAG(HC02371) on Mon Dec 01 2025 Downloaded on : Mon Dec 01 21:11:05 IST 2025