Sadhu Vantkumar Pratapchandra vs State Of Gujarat

Gujarat High Court

Sadhu Vantkumar Pratapchandra vs State Of Gujarat on 31 January, 2025

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                                         NEUTRAL CITATION




                               C/MCA/302/2025                             ORDER DATED: 31/01/2025

                                                                                                          undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                R/MISC. CIVIL APPLICATION (FOR REVIEW) NO. 302 of 2025

                                        In R/LETTERS PATENT APPEAL NO. 820 of 2019

                       ==========================================================
                                        SADHU VANTKUMAR PRATAPCHANDRA & ORS.
                                                        Versus
                                               STATE OF GUJARAT & ORS.
                       ==========================================================
                       Appearance:
                       MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1,2,3,4,5,6,7,8
                       MS PRACHI UPADHYAY(5857) for the Applicant(s) No. 1,2,3,4,5,6,7,8
                       A S TIMBALIA(7372) for the Opponent(s) No. 106,87,93,95,98
                       MR SAHIL TRIVEDI, LD.ASSTT. GOVERNMENT PLEADER for the
                       Opponent(s) No. 1,2
                       MR CHAITANYA S JOSHI(5927) for the Opponent(s) No. 3
                       MR NIRAV C SANGHAVI(5950) for the Opponent(s) No. 106,87,93,95,98
                       MR. MN MARFATIA(6930) for the Opponent(s) No.
                       10,100,101,102,103,104,105,107,108,109,11,110,111,12,13,14,15,16,17,18,1
                       9,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34,35,36,37,38,39,4,40,41,42,4
                       3,44,45,46,47,48,49,5,50,51,52,53,54,55,56,57,58,59,6,60,61,62,63,64,65,66,
                       67,68,69,7,70,71,72,73,74,75,76,77,78,79,8,80,81,82,83,84,85,86,88,89,9,90,
                       91,92,94,96,97,99
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                                and
                                HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                                                      Date : 31/01/2025

                                                ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. Draft amendment is allowed in terms of draft. The same shall be carried out forthwith.

2. This application is filed with the following prayers:-

NEUTRAL CITATION C/MCA/302/2025 ORDER DATED: 31/01/2025 undefined "Your Lordships may be pleased to (A) Allow this review application by recalling the judgement and order dated 21.08.2024 passed in LPA No.820 of 2019 and be pleased to allow the Letters Patent Appeal by granting the reliefs, as prayed for in the appeal, in the interest of justice and/or in the alternative (AA) In the alternative, the Honourable Court may be pleased to reserve liberty to the petitioners to prosecute their claim for minimum of the pay-scale based on parity with the Vyakhayata Sahayaks of Government Engineering Colleges, and (B) Grant any other relief or pass any other order which the Hon'ble Court may consider as justice and proper in the facts and circumstances of the case."

3. At the outset learned advocate Mr.Vaibhav Vyas for the applicants submitted that if the alternative prayer is granted, that would satisfy the grievance of the applicants and they may be given liberty to file appropriate proceedings for claiming minimum of the pay scale based on parity with the Vyakhayata Sahayaks of Government Engineering Colleges based on the judgment dated 14.02.2023 passed in Letters Patent Appeal No.1159 of 2017.

4. It is contended that the issue with regard to the comparison or claim of the minimum of pay scale which has Page 2 of 5 Uploaded by DIPTI PATEL(HC00191) on Mon Feb 03 2025 Downloaded on : Wed Feb 05 21:29:55 IST 2025 NEUTRAL CITATION C/MCA/302/2025 ORDER DATED: 31/01/2025 undefined been paid to the Vyakhayata Sahayaks of Government Engineering Colleges has not been examined by this Court since the issue was not raised in this regard since the claim has only arisen in the year 2023 when the judgment was passed by the Division Bench.

5. Learned advocate for the applicants has submitted that though the aforesaid judgment was pointed out however, in light of the prayer clauses made in the writ petition, the Court has denied the prayers on the principles of equal pay for equal work and also for minimum by comparing the cases of the present applicants who are Vyakhayata Sahayaks in Government College to that of Adhyapak Sahayaks in non- Government Colleges. It is submitted that infact the applicants are entitled to minimum of pay scale to that of Vyakhayata Sahayaks of Government Engineering Colleges on the principles of equal pay for equal work. Thus it is urged that such clarification may be issued in the present application so that the applicants can avail the appropriate remedy.

6. Learned Assistant Government Pleader Mr. Sahil Trivedi for the respondent - State has submitted that infact the Court has examined the case of the present applicants by comparing their cases with the Adhyapak Sahayaks in non-Government Colleges. He has submitted that it is always open for the Page 3 of 5 Uploaded by DIPTI PATEL(HC00191) on Mon Feb 03 2025 Downloaded on : Wed Feb 05 21:29:55 IST 2025 NEUTRAL CITATION C/MCA/302/2025 ORDER DATED: 31/01/2025 undefined applicants to file appropriate proceedings in case they seek entitlement of minimum wages to that of Vyakhayata Sahayaks of Government Engineering Colleges.

7. We have heard learned advocates appearing for respective parties. It goes without saying that this Court in the judgment dated 21.08.2024 of which review is sought, has examined the case of the present applicants who are Vyakhayata Sahayaks of Government Engineering College by comparing their duties, qualifications, mode of recruitment etc to that of Adhyapak Sahayaks working in non-Government Colleges. After analyzing such aspects, this Court rejected the Letters Patent Appeals.

8. It is also noticed by us that the judgment on which reliance is placed i.e. judgment dated 14.02.2023 passed in Letters Patent Appeal No.1159 of 2017 was pointed out and as recorded in the submissions advanced by learned advocate who was appearing for the appellants, however, we had not dealt into the issue pertaining to grant of minimum of pay scale equivalent to the regular pay scale of Vyakhayata Sahayaks of Government Engineering Colleges.

9. Under the circumstances, in light of the aforesaid undisputed facts, the present application is allowed in part to the extent of alternate prayer. It will be open for the Page 4 of 5 Uploaded by DIPTI PATEL(HC00191) on Mon Feb 03 2025 Downloaded on : Wed Feb 05 21:29:55 IST 2025 NEUTRAL CITATION C/MCA/302/2025 ORDER DATED: 31/01/2025 undefined applicants to file appropriate proceedings before appropriate forum claiming minimum of pay/ pay scale equivalent to that of Vyakhayata Sahayaks of Government Engineering Colleges. It goes without saying that this Court has not gone into the merits of the matter.

(A. S. SUPEHIA, J) (MAUNA M. BHATT,J) DIPTI PATEL/10...