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Gujarat High Court

Vaghri Ashokbhai Babubhai vs State Of Gujarat on 9 February, 2021

Author: J. B. Pardiwala

Bench: J.B.Pardiwala, Ilesh J. Vora

        C/LPA/820/2019                                 IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


         CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2020
           In R/LETTERS PATENT APPEAL NO. 820 of 2019
         In R/SPECIAL CIVIL APPLICATION NO. 9458 of 2017
==========================================================

SADHU VANTKUMAR PRATAPCHANDRA Versus VAGHRI ASHOKBHAI BABUBHAI ========================================================== Appearance:

MR VAIBHAV A VYAS for the PETITIONER(s) No. for the RESPONDENT(s) No. ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the RESPONDENT(s) No. MR CHAITANYA S JOSHI for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA and HONOURABLE MR. JUSTICE ILESH J. VORA Date : 09/02/2021 IA ORDER (PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. By this civil application, the applicants, serving as the ad-

hoc lecturers in the various Government Colleges, have prayed for the following reliefs;

"(A) Direct the respondent authorities to absorb the applicants on the sanctioned posts of Adhyapak Sahayaks in Non-Government grant-in-aid colleges, and/or (B) Direct the respondent authorities to give preference to the applicants in the matter of appointment to the post of Adhyapak Sahayaks on the sanctioned vacant posts in Non-Government grant-in-aid Colleges, if otherwise the applicants are eligible for appointment to the said post, and/or Page 1 of 4 Downloaded on : Fri Feb 26 07:11:00 IST 2021 C/LPA/820/2019 IA ORDER (C ) Direct the respondent authorities to revise the salary of the applicants as per the policy of the Government as contained in the Government Resolutions dated 4.4.2017, Annexure-D to this application, and (D) Pending admission and final disposal of this application, the Honourable Court may be pleased to direct the respondent authorities to consider the case of the applicants for being absorbed on the post of Adhyapak Sahayaks in Non-Government grant-in-aid Colleges, and (E) Pending admission and final disposal of this application, the Honourable Court may be pleased to direct the respondent authorities to increase the fix pay salary of the applicant in time with the salary of the similarly situated employees (Adhyapak Sahayaks) working in the Non-Government grant-in-aid colleges, and (F) Grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case and in the interest of justice."

2. It appears from the materials on record that the applicants herein lost before the learned Single Judge. The prayer before the learned Single Judge was one for regularization in service. After the learned Single Judge rejected the writ applications, the applicants herein preferred the Letters Patent Appeals. The appeals have been ordered to be admitted. Mr. Shalin Mehta, the learned senior counsel assisted by Mr. Vaibhav Vyas, the learned counsel appearing for the applicants submitted that as on date, the applicants are drawing a fix salary of Rs.25,000/-. It is argued that the applicants, as the ad-hoc lecturers of the Government Colleges, are atleast entitled to draw the minimum pay scale of Rs.40,176/-. For the purpose of making good this claim, Page 2 of 4 Downloaded on : Fri Feb 26 07:11:00 IST 2021 C/LPA/820/2019 IA ORDER reliance is placed on the Government Resolution dated 04.04.2017, Annexure-D to this civil application.

3. We take notice of the fact that the Government Resolution upon which reliance is sought to be placed is restricted to ad-hoc lecturers of the grant-in-aid colleges. There is no Government Resolution, as on date, providing for minimum pay scale to the ad-hoc lecturers of the Government Colleges. However, it is argued that the Government Resolution dated 04.04.2017 should not be restricted only to the grant-in-aid colleges. It is brought to our notice that the applicants are serving as ad-hoc lecturers since 2015 and they are likely to be continued for a long period of time. The GPSC, as on date, has no fresh list of candidates for the purpose of appointment on regular basis.

4. Prima facie, we find some substance in the submission of Mr. Mehta that when the same type of work is taken from the ad-hoc lecturers of both the Government Colleges and grant- in-aid colleges, then why the ad-hoc lecturers of the Government Colleges should not be paid the minimum of the pay scale, i.e, Rs.40,176/-.

5. In the aforesaid context, we seek the response of the State Government. Mr. Joshi, the learned counsel, has appeared on behalf of the Opponent No.3-GPSC. However, Mr. Joshi has hardly any role to play for the purpose of adjudication of this civil application. It is the State who needs to respond to the particular relief prayed for by the applicants.

6. Let notice be issued to the respondents, returnable on 24.02.2021.

C/LPA/820/2019 IA ORDER

7. Mr. Kathiriya, the learned AGP appearing for the State has already received one copy of the present civil application. As Mr. Kathiriya has already appeared on behalf of the respondents Nos.1 and 2 and Mr. Joshi has also entered appearance on behalf of the respondent No.3, no notice now be issued to theese respondents.

(J. B. PARDIWALA, J) (ILESH J. VORA,J) Vahid Page 4 of 4 Downloaded on : Fri Feb 26 07:11:00 IST 2021