Gujarat High Court
Sanjaybhai Pravinbhai Vaghela vs State Of Gujarat on 3 October, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/19963/2023 ORDER DATED: 03/10/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19963 of 2023
==========================================================
SANJAYBHAI PRAVINBHAI VAGHELA
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS VIDHI J BHATT(6155) for the Petitioner(s) No. 1
MR ADITYA PATHAK, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 03/10/2025
ORAL ORDER
1. Heard learned Advocate Ms.Vidhi J. Bhatt on behalf of the petitioner and learned Assistant Government Pleaders Mr.Aditya Pathak on behalf of the respondent - State.
2. Learned Advocate for the petitioner would submit that the issue in the present petition pertain 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 learned Advocate would submit that vide a decision dated 19.07.2022 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 Page 1 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Sat Oct 04 2025 Downloaded on : Tue Oct 07 01:18:17 IST 2025 NEUTRAL CITATION C/SCA/19963/2023 ORDER DATED: 03/10/2025 undefined 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. It is submitted that as such, the petition concerns employee who has been appointed for more than four hours and later been appointed on outsourcing basis and whereas insofar the issue with regard to outsourced employees is concerned, it is submitted that category No.4 in decision of the learned Single Judge, covers category of persons working on outsourced basis including persons engaged on project work. It is further submitted 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 Hon'ble Division Bench vide judgment 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 Page 2 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Sat Oct 04 2025 Downloaded on : Tue Oct 07 01:18:17 IST 2025 NEUTRAL CITATION C/SCA/19963/2023 ORDER DATED: 03/10/2025 undefined employees would be entitled to grant of salary in minimum of pay scale as per Government Resolution dated 16.07.2019. It is submitted that insofar as the category of outsourced workers is concerned, the State having not challenged the findings of the learned Single Judge before the Hon'ble Division Bench, therefore, the decision of the learned Single Judge would cover the case of such petitioners who have been appointed on outsourced basis.
3. Learned Advocate for the petitioner would submit that the issue being settled by Hon'ble Division Bench of this Court, and whereas since the petitioner of the present petition is working for four hours or more, this Court may direct the respondents to forthwith pay to such 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 submit that while the legal proposition as emanating from the decisions of this Court as submitted by learned Advocate may not be disputable, yet, in the present case, there are no specific orders of working for four hours or more, therefore, this Court may inter alia direct the Page 3 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Sat Oct 04 2025 Downloaded on : Tue Oct 07 01:18:17 IST 2025 NEUTRAL CITATION C/SCA/19963/2023 ORDER DATED: 03/10/2025 undefined concerned respondents to verify the fact of the number of hours being worked by the petitioner on each day and whereas, appropriate orders with regard to payment of salary in minimum scale may thereafter be passed.
5. Having heard learned Advocate for the petitioner and learned Assistant Government Pleader on behalf of the respondent- State and having perused the documents including judgment of the learned Co-ordinate Bench as well as the Hon'ble 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 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. 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.
Page 4 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Sat Oct 04 2025 Downloaded on : Tue Oct 07 01:18:17 IST 2025
NEUTRAL CITATION C/SCA/19963/2023 ORDER DATED: 03/10/2025 undefined 5.1. Insofar as the issue with regard to petitioner working on outsourced basis, it would appear that the cases of such category have been dealt with by learned Co-ordinate Bench in the decision dated 19.07.2022 in Special Civil Application No. 8766 of 2021 and allied matters, whereby the learned Co- ordinate Bench had inter alia recognized the entitlement of even outsourced employees to receive salary in minimum of pay scale. It would further appear that the said decision while it had been challenged before the Hon'ble Division Bench, the respondent-State had sought not to question observation as regards outsourced employees. In this view of the matter, the aspect of outsourced employees being entitled for salary in minimum of pay scale is no more in dispute, the petitioner who is working on outsourced basis would also be entitled to salary in minimum of pay scale.
6. Having regard to the above observations, the following directions are passed:-
(i) In the present petition, while it is claimed that the petitioner had been appointed to work for four hours or more, the appointing authorities would verify the number of hours Page 5 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Sat Oct 04 2025 Downloaded on : Tue Oct 07 01:18:17 IST 2025 NEUTRAL CITATION C/SCA/19963/2023 ORDER DATED: 03/10/2025 undefined for which the petitioner is working and whereas, if there is no dispute as regards the petitioner working for four hours or more, the petitioner shall also be entitled to salary in minimum of pay scale with effect from 01.01.2019 and hereinafter. The authorities are directed to decide the same as per the observations /directions as hereinabove, and whereas the verification/scrutiny shall be done within six weeks from the date of receipt of this order.
(ii) It is further clarified that benefit of grant of minimum of pay scale would be available even to employee who has been appointed on outsourced basis, provided the employee is working for four hours or more and there shall not be any rejection on the count the petitioner being outsourced employee.
7. With the above observations and directions, present petition stands disposed of as allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J) Bhoomi Page 6 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Sat Oct 04 2025 Downloaded on : Tue Oct 07 01:18:17 IST 2025