Gujarat High Court
Ramanbhai Revabhai Rathod vs State Of Gujarat on 7 July, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/17222/2024 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17222 of 2024
With
R/SPECIAL CIVIL APPLICATION NO. 17596 of 2024
With
R/SPECIAL CIVIL APPLICATION NO. 1903 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 4671 of 2025
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RAMANBHAI REVABHAI RATHOD
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SHALIN MEHTA, SENIOR ADVOCATE with MR NINAD P SHAH(10911)
for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4
MS NIRALI SARDA, AGP for the Respondent-State in Special Civil
Applications No. 17222 of 2024 and 17596 of 2024
MR ADITYA PATHAK, AGP for the Respondent-State in Special Civil
Applications No. 1903 of 2025 and 4671 of 2025
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 07/07/2025
COMMON ORAL ORDER
1. Heard learned Senior Advocate Mr. Shalin Mehta with learned Advocate Mr. Ninad Shah on behalf of the petitioners and learned Assistant Government Pleaders Ms. Nirali Sarda and Mr. Aditya Pathak on behalf of the respondent - State in the respective petition.
2. Learned Senior Advocate Mr. Mehta 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 Senior Advocate would submit that the issue is no more res integra more particularly learned Senior Advocate would submit that vide a decision dated 19.07.2022 Page 1 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:37:17 IST 2025 NEUTRAL CITATION C/SCA/17222/2024 ORDER DATED: 07/07/2025 undefined in Special Civil Application No. 8766 of 2021 and allied matters a learned Co-ordinate Bench of this Court had divided the temporary workman who would be entitled to benefit of minimum of pay scale as per Government Resolution dated 16.07.2019 into eight categories and had inter alia observed that the employees working in the said categories would be entitled to the said benefit. Learned Senior Advocate would submit 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 judgement 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 Senior Advocate would submit that the issue being settled by Division Bench of this Court, and whereas since all the petitioners of the present petition are working for four hours or more, 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 Pleaders would submit that while the legal proposition as emanating from the decisions of this Court as submitted by learned Senior Advocate may not be disputable, Page 2 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:37:17 IST 2025 NEUTRAL CITATION C/SCA/17222/2024 ORDER DATED: 07/07/2025 undefined yet, since in the present group, there are various categories of employees including the some, in whose case, there are no specific orders of working for four hours or more, therefore, this Court may inter alia direct the concerned respondents to verify the fact of the number of hours being worked by the petitioners on each day and whereas appropriate orders with regard to payment of salary minimum scale may thereafter be passed.
5. Having heard learned Senior Advocate for the petitioners and learned Assistant Government Pleader on behalf of the respondent- State and having perused the documents including judgement of the learned Co- ordinate 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 Senior Advocate and as also coming out from the record, in majority of 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. The said observations would also be applicable in case where proposals have been already sent by the concerned Departments.
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6. Having regard to the above observations, the following directions are passed:
[1] Insofar as petitions being Special Civil Applications No. 17596 of 2024, 1903 of 2025 and 4671 of 2025, 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 per day. It is also the contention that as such the petitioners are working for much more than four hours as of now and whereas in some of the cases there are orders which show that the petitioners have been appointed to work for six hours or more. The appointing authorities in these cases only need to verify whether the original appointment orders and or later orders /service particulars certified by authorities specify whether the petitioners are appointed for working for four hours or more with the respondents.
[2] Such verification shall be completed within a period of two weeks by the concerned appointing authorities. Upon such verification being completed all such employees in whose cases there is no objection, they shall be paid salary in minimum of pay scale with effect from 01.01.2019 and hereinafter within a period of four weeks thereafter.
[3] Insofar as Special Civil Application No. 17222 of 2024 is concerned while it is claimed that the petitioner has been appointed to work for less than four hours per day, as such the petitioner is now working for four hours or more. The appointing authorities would verify the number of hours for which the petitioner of this petition is working and whereas if there is no dispute as regards the petitioner working for four hours or more the said petitioner shall also be entitled to salary in minimum of pay scale Page 4 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:37:17 IST 2025 NEUTRAL CITATION C/SCA/17222/2024 ORDER DATED: 07/07/2025 undefined with effect from 01.01.2019 and hereinafter. In case the petitioner is, according to the authorities, working for less than four hours, then it would be open for the authorities to reject the claim of the petitioner. In such a case, it would be open for the petitioner to question the same before appropriate forum in accordance with law.
[4] In case where the concerned appointing authorities have sent proposal to their higher authorities, they need not undertake the exercise of verification and whereas concerned authority where the proposal is pending shall take appropriate steps with regard to such proposal more particularly as per the law laid down by this Court as referred to hereinabove within a period of two weeks from the date of receipt of this order and whereas it shall be duty of the concerned appointing authorities to bring to the notice of the authority where the proposal is pending about fact of this order and the direction having been issued.
With the above observation and direction present set of petition stands disposed of as allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J) BDSONGARA Page 5 of 5 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:37:17 IST 2025