Gujarat High Court
Shailesh Jivrajbhai Vora vs State Of Gujarat on 23 September, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/8376/2024 ORDER DATED: 23/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8376 of 2024
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SHAILESH JIVRAJBHAI VORA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NM PATEL(6042) for the Petitioner(s) No. 1
MR.RAJESH B SONI(2632) for the Petitioner(s) No. 1
MR ADITYA PATHAK ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 23/09/2025
ORAL ORDER
1. Heard learned Advocate Mr. Rajesh Soni appearing on behalf of the petitioner and learned Assistant Government Pleader Mr. Aditya Pathak appearing on behalf of the respondent - State.
2. By way of this petition, the petitioner has sought for a prayer that all benefits as have been paid to petitioners before a learned Co-ordinate Bench in Special Civil Application No.8152 of 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 No.1159 of 2017 and allied matters, be granted to the present petitioner.
3. At the outset, learned Advocate appearing for the petitioner would draw the attention of this Court to a decision of the Hon'ble Apex Court in Page 1 of 4 Uploaded by NIRU AMIN(HC00211) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 23:03:22 IST 2025 NEUTRAL CITATION C/SCA/8376/2024 ORDER DATED: 23/09/2025 undefined Special Leave Petition (C) No.1347/2024 dated 22.08.2025. It is submitted by learned Advocate for the petitioner that before the Hon'ble Supreme Court, there were two sets of SLPs whereby the State had challenged decision of the learned Co-ordinate Bench in Special Civil Application No.8154 of 2015 referred to hereinabove as confirmed by the Hon'ble Division Bench in Letters Patent Appeal No.1159 of 2017. 3.1. It is submitted that the learned Co-ordinate Bench had directed that contractual 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. 3.2. On the other hand, a judgment of another Hon'ble Division Bench in Letters Patent Appeal No.1371 of 2023 dated 20.12.2023 whereby decision of a learned Co-ordinate 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 Co-ordinate Bench had been set aside, was also assailed before the Hon'ble Supreme Court. It is submitted that the petitioner is contractual lecturer and whereas, he may be directed to be Page 2 of 4 Uploaded by NIRU AMIN(HC00211) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 23:03:22 IST 2025 NEUTRAL CITATION C/SCA/8376/2024 ORDER DATED: 23/09/2025 undefined entitled to the same relief as had been granted by the learned Co-ordinate Bench as confirmed by the Hon'ble Division Bench in Special Civil Application No.8154 of 2015 and Letters Patent Appeal No.1159 of 2017. The Hon'ble Supreme Court, in the above referred decision, had while setting aside the decision of the Hon'ble Division Bench as well as learned Co-ordinate 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 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 of 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 Co-ordinate Bench and the Hon'ble Division Bench in the first line of the judgment referred to hereinabove. Since the petitioner is stated to be identically situated to the employees therein, to this Court, it would appear that the same benefits, as Page 3 of 4 Uploaded by NIRU AMIN(HC00211) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 23:03:22 IST 2025 NEUTRAL CITATION C/SCA/8376/2024 ORDER DATED: 23/09/2025 undefined has been granted to the employees therein, should also enure to the petitioner herein.
5. Hence, the following directions are passed:-
(i) The petitioner as contractual lecturer 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.
(ii) The petitioner 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 petitioner is directed to file appropriate application before the appropriate authority for allaying any confusion with regard to the date of receipt.
6. With the above observations and directions, the petition stand disposed of as allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J) NIRU Page 4 of 4 Uploaded by NIRU AMIN(HC00211) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 23:03:22 IST 2025