Gujarat High Court
Jaydipsinh Dashrathsinh Chavada vs State Of Gujarat on 8 September, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/8737/2023 ORDER DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8737 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 11387 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 13211 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 221 of 2024
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JAYDIPSINH DASHRATHSINH CHAVADA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ULLASH N GOHIL(8357) for the Petitioner(s) No. 1
MS NIRALI SARDA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/09/2025
ORAL ORDER
1. Heard learned advocate Mr.Ullash Gohil and learned advocate Mr.Ekrama Qureshi appearing on behalf of the petitioners and learned Assistant Government Pleader Ms.Nirali Sarda appearing on behalf of the respondent - State.
2. By way of these petitions, the petitioners have sought for a prayer that all benefits as have been paid to petitioners before a learned Coordinate Bench in Special Civil Application No.8152/2015 wherein order dated 07.09.2016 had been passed and confirmed partly by Hon'ble Division Bench vide order dated 14.02.2023 in Letters Patent Appeal Page 1 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:03:53 IST 2025 NEUTRAL CITATION C/SCA/8737/2023 ORDER DATED: 08/09/2025 undefined No.1159/2017 and allied matters, be granted to the present petitioners.
3. At the outset, learned Counsels appearing for the petitioners would draw the attention of this Court to a decision of the Hon'ble Apex Court in Special Leave Petition (C) No.1347/2024 dated 22.08.2025. It is submitted by learned advocates for the petitioners that before the Hon'ble Supreme Court, there were two sets of SLPs whereby the State had challenged decision of the learned Coordinate Bench in Special Civil Application No.8154/2015 referred to hereinabove as confirmed by the Hon'ble Division Bench in Letters Patent Appeal No.1159/2017.
3.1. It is submitted that the learned Coordinate Bench had directed that ad-hoc lecturers appointed after May, 2008 shall be paid salary in minimum of pay scale along with allowances w.e.f. June, 2015. It is submitted that the said order had been modified by the Hon'ble Division Bench to the extent that the arrears would be restricted to a period of three years prior to the date of filing of the petition with interest at the rate of 8% from the date of entitlement till the date of realization. Page 2 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:03:53 IST 2025
NEUTRAL CITATION C/SCA/8737/2023 ORDER DATED: 08/09/2025 undefined 3.2. On the other hand, a judgment of another Hon'ble Division Bench in Letters Patent Appeal No.1371/2023 dated 20.12.2023 whereby decision of a learned Coordinate Bench dated 05.07.2023 read with order upon note for speaking to minutes dated 19.07.2023 more particularly whereby the decision of the learned Coordinate Bench had been set aside, was also assailed before the Hon'ble Apex Court. It is submitted that the petitioners are contractual lecturers and whereas, they may be directed to be entitled to the same relief as had been granted by the learned Coordinate Bench as confirmed by the Hon'ble Division Bench in Special Civil Application No.8154/2015 and Letters Patent Appeal No.1159/2017. The Hon'ble Apex Court, in the above referred decision, had while setting aside the decision of the Hon'ble Division Bench as well as learned Coordinate Bench i.e. in Letters Patent Appeal No.1371/2023 dated 20.12.2023 setting aside decision of the learned Coordinate Bench in Special Civil Application No.11567/2018 dated 05.07.2023, had inter alia directed that the Assistant Professors shall be entitled to salary in minimum of pay scale admissible to such post and arrears would be paid for a period of three years preceding the date of filing of the writ petition with interest at the rate Page 3 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:03:53 IST 2025 NEUTRAL CITATION C/SCA/8737/2023 ORDER DATED: 08/09/2025 undefined of 8%.
4. Considering that the decision whereby all the benefits, as entitled to a regularly appointed lecturer i.e. vide order dated 05.07.2023 in Special Civil Application No.11567/2018 had been set aside along with decision of the Hon'ble Division Bench dated 20.12.2023 in Letters Patent Appeal No.1371/2023, it would appear to this Court that the Hon'ble Apex Court has confirmed the decision of the learned Coordinate Bench and the Hon'ble Division Bench in the first line of the judgment referred to hereinabove. Since the petitioners are stated to be identically situated to the employees therein, to this Court, it would appear that the same benefits, as has been granted to the employees therein, should also enure to the petitioners herein.
5. Hence, the following directions are passed:-
(i) The petitioners as contractual lecturers shall be paid minimum of pay scale with all allowances in the post of lecturer and whereas, arrears are restricted for a period of three years preceding the date of filing of the writ petition before this Court.
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NEUTRAL CITATION C/SCA/8737/2023 ORDER DATED: 08/09/2025 undefined
(ii) The petitioners shall also be entitled to interest at the rate of 8% calculated on the arrears which shall be paid from 3 years preceding the date of filing of the writ petition.
(iii) The above directions to be complied with within a period of 60 days from the date of receipt of this order and whereas, the petitioners are directed to file appropriate applications before the appropriate authority for allaying any confusion with regard to the date of receipt.
6. With the above observations and directions, the petitions stand disposed of as allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J) Bhoomi Page 5 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Tue Sep 09 2025 Downloaded on : Wed Sep 10 00:03:53 IST 2025