Gujarat High Court
Jagdishbhai Biharilal Solanki vs State Of Gujarat on 15 October, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/16918/2024 ORDER DATED: 15/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16918 of 2024
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JAGDISHBHAI BIHARILAL SOLANKI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS VIDHI J BHATT(6155) for the Petitioner(s) No. 1
MR ADITYA PATHAK, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,5
MR HS MUNSHAW(495) for the Respondent(s) No. 3,4
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 15/10/2025
ORAL ORDER
1. Heard learned Advocate Ms. Vidhi J. Bhatt on behalf of the petitioner, learned Assistant Government Pleaders Mr.Aditya Pathak on behalf of the respondent - State and learned Advocate Mr.H.S.Munshaw for respondents no.3 and 4.
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 Page 1 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:08:00 IST 2025 NEUTRAL CITATION C/SCA/16918/2024 ORDER DATED: 15/10/2025 undefined divided the temporary workman who would be entitled to benefit of minimum of pay scale as per Government 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 an employee who had been appointed for four hours or/and more. 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 employees would be entitled to grant of salary in minimum of pay scale as per Government Resolution dated 16.07.2019.
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NEUTRAL CITATION C/SCA/16918/2024 ORDER DATED: 15/10/2025 undefined
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, since in the present petition, there is no specific orders of working for four hours or more, therefore, this Court may inter alia direct the 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 Advocates for the petitioners and learned Assistant Government Pleader on behalf of the respondent- State and having perused the documents Page 3 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:08:00 IST 2025 NEUTRAL CITATION C/SCA/16918/2024 ORDER DATED: 15/10/2025 undefined 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 any of the petitioner is working for four hours or more, then such 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. Again, it requires to be mentioned here that as per learned Advocate and as also coming out from the record, there are documents issued by appointing authorities themselves, whereby the petitioner's working hours have been fixed for four hours or more. 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.
6. Having regard to the above observations, the following directions are passed:
[1] In the present petition, it is found that the petitioner has Page 4 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:08:00 IST 2025 NEUTRAL CITATION C/SCA/16918/2024 ORDER DATED: 15/10/2025 undefined placed documents on record whereby it appears that petitioner has been appointed as temporary workman to work for four hours per day. It is also the contention that as such the petitioner is working for much more than four hours as of now. The appointing authorities in this case only need to verify whether the original appointment order and or later order /service particulars certified by authorities specify whether the petitioner is appointed for working for four hours or more with the respondents.
[2] Such verification shall be completed within a period of two weeks by the concerned appointing authorities. Upon such verification being completed the petitioner in whose case if there is no objection, he shall be paid salary in minimum of pay scale with effect from 01.01.2019 and hereinafter within a period of four weeks thereafter.
7. With the above observations and directions present petition stands disposed of as allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J) Bhoomi Page 5 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:08:00 IST 2025