Sukhwinder Kaur Chetram vs State Of Gujarat

Gujarat High Court

Sukhwinder Kaur Chetram vs State Of Gujarat on 31 January, 2025

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                                               NEUTRAL CITATION




                               C/MCA/297/2025                                  ORDER DATED: 31/01/2025

                                                                                                               undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                          R/MISC. CIVIL APPLICATION NO. 297 of 2025
                                        In R/LETTERS PATENT APPEAL NO. 825 of 2019

                       ==========================================================
                                                      SUKHWINDER KAUR CHETRAM
                                                                Versus
                                                       STATE OF GUJARAT & ORS.
                       ==========================================================
                       Appearance:
                       MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
                       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. MN MARFATIA(6930) for the Opponent(s) No. 4,5,6
                       ==========================================================

                          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. This application is filed with the following prayers:-

"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.825 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 (B) Grant liberty to the applicant to prosecute her claim for minimum of the pay-scale based on parity with the Vyakhayata Sahayaks of Government Engineering Colleges;

NEUTRAL CITATION C/MCA/297/2025 ORDER DATED: 31/01/2025 undefined (C) 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."

2. At the outset learned advocate Mr.Vaibhav Vyas for the applicant submitted that if the alternative prayer is granted, that would satisfy the grievance of the applicant and she 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.

3. It is contended that the issue with regard to the comparison or claim of the minimum of pay scale which has 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.

4. Learned advocate for the applicant 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 Page 2 of 4 Uploaded by DIPTI PATEL(HC00191) on Mon Feb 03 2025 Downloaded on : Thu Feb 06 21:38:14 IST 2025 NEUTRAL CITATION C/MCA/297/2025 ORDER DATED: 31/01/2025 undefined work and also for minimum by comparing the cases of the present applicant who is Vyakhayata Sahayak in Government College to that of Adhyapak Sahayaks in non-Government Colleges. It is submitted that infact the applicant is 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 applicant can avail the appropriate remedy.

5. Learned Assistant Government Pleader Mr. Sahil Trivedi for the respondent - State has submitted that infact the Court has examined the case of the present applicant by comparing her case with the Adhyapak Sahayaks in non-Government Colleges. He has submitted that it is always open for the applicant to file appropriate proceedings in case she seeks entitlement of minimum wages to that of Vyakhayata Sahayaks of Government Engineering Colleges.

6. 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 applicant who is Vyakhayata Sahayak of Government Engineering College by comparing her duties, qualifications, mode of recruitment etc to that of Adhyapak Page 3 of 4 Uploaded by DIPTI PATEL(HC00191) on Mon Feb 03 2025 Downloaded on : Thu Feb 06 21:38:14 IST 2025 NEUTRAL CITATION C/MCA/297/2025 ORDER DATED: 31/01/2025 undefined Sahayaks working in non-Government Colleges. After analyzing such aspects, this Court rejected the Letters Patent Appeals.

7. 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.

8. 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 applicant 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/3...