Gujarat High Court
Ayubkhan Asarafkhan Pathan vs State Of Gujarat on 6 October, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/13551/2025 ORDER DATED: 06/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13551 of 2025
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AYUBKHAN ASARAFKHAN PATHAN
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1
MR ADITYA PATHAK ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
MR. DEVANG D DAVE(2627) for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 06/10/2025
ORAL ORDER
1. By way of this petition the petitioner is praying for extending the benefits from the date of the circular dated 16.07.2019 issued by the Finance Department.
2. It is the case of the petitioner that he is in fact rendering services of full time employee, though he was appointed as part timer on a fixed monthly salary.
3. Learned Advocate Ms. Ashlesha Patel appearing for the petitioner has submitted that the issue is squarely covered by the decision of the Supreme Court in the case of State of Punjab and Others vs. Jagjit Singh and Others, (2017) 1 SCC 248. She has further submitted that after considering the aforesaid judgment of the Apex Court, the Coordinate Bench of this Court vide judgment dated 21.12.2018 rendered in Special Civil Application No.7462 of 2012 and allied matters, while considering the policy of outsourcing promulgated vide resolutions dated 10.02.2006 and 25.04.2012, Page 1 of 3 Uploaded by Y.N. VYAS(HC00207) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 01:07:35 IST 2025 NEUTRAL CITATION C/SCA/13551/2025 ORDER DATED: 06/10/2025 undefined has directed the State Government to consider the cases for payment of minimum wages in the last pay grade as enunciated by the Supreme Court in the case of Jagjit Singh and Others (supra). The aforesaid judgment was subject matter of challenge before the Division Bench and the Division Bench vide common order dated 09.05.2019 passed in Letters Patent Appeal No.1155 of 2019 and allied matters confirmed the view of the Coordinate Bench. She has further submitted that thereafter the State Government issued a resolution dated 16.07.2019, extending the benefits of the judgments of this Court to such part time employees/temporary ad hoc employees. It was promulgated that such employees would be granted the fixed pay of Rs.14,800/- in the minimum pay scale of Class-IV employees. It is the case of the present petitioner that though his case is squarely covered by the said resolution, however, they are not extended such benefits.
4. Learned AGP has submitted that for extending the aforesaid benefits, the service of the petitioner are required to be verified by the concerned department and a proposal has to be sent to the respondent- Finance Department, as per the scheme of the resolution and accordingly, if it is found that the petitioner is entitled, such benefits will be extended.
5. In the considered opinion of this Court, the present petition can be disposed of with a direction to the respondent-Finance Department to examine the cases of the present petitioner with regard to extending the benefits of the resolution dated 16.07.2019.
6. The respondent-Finance Department is directed to call for necessary details of the petitioner from the concerned department within a period Page 2 of 3 Uploaded by Y.N. VYAS(HC00207) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 01:07:35 IST 2025 NEUTRAL CITATION C/SCA/13551/2025 ORDER DATED: 06/10/2025 undefined of three weeks from the date of receipt of the present order. The concerned department is also directed to cooperate and forward the details of the present petitioner to the Finance Department expeditiously within a period of two weeks thereafter. The Finance Department is further directed to examine each case of the petitioner with regard to his service conditions and if he is found eligible as per the judgment dated 21.12.2018 passed in Special Civil Application No.7462 of 2012 and allied matters and order dated 09.05.2019 passed in Letters Patent Appeal No.1555 of 2019 and as per the resolution dated 16.07.2019, such benefits shall be extended to him. The Finance Department is directed to pass appropriate orders after receipt of the details of the petitioner within a period of four weeks. Direct service is permitted.
(NIKHIL S. KARIEL,J) Y.N. VYAS Page 3 of 3 Uploaded by Y.N. VYAS(HC00207) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 01:07:35 IST 2025