Gujarat High Court
Rajeshbhai Kalubhai Vala vs State Of Gujarat on 25 November, 2021
Bench: Nikhil S. Kariel
C/SCA/2559/2021 ORDER DATED: 25/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2559 of 2021
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RAJESHBHAI KALUBHAI VALA
Versus
STATE OF GUJARAT
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Appearance:
MR PH PATHAK(665) for the Petitioner(s) No. 1,2,3
MS REENA M KAMANI(6007) for the Petitioner(s) No. 1,2,3
MS SURBHI BHATI, AGP for Respondent State
MR HS MUNSHAW(495) for the Respondent(s) No. 2,3
NOTICE SERVED(4) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 25/11/2021
ORAL ORDER
1. Heard learned Advocate Mr. P. H. Pathak for the
petitioners and learned AGP Ms. Surbhi Bhati for the
respondent-State.
2. Rule returnable forthwith. Learned AGP waives
service of Rule for the respondent-State.
3. By way of this petition, the petitioners inter alia seek
grant of benefit of payment of salary minimum of pay
scale.
4. Learned Advocate for the petitioners would submit
that Co-ordinate Bench of this Court (Coram : Mohinder
Pal, J) vide judgment dated 21.12.2018 in Special Civil
C/SCA/2559/2021 ORDER DATED: 25/11/2021
Application No. 7462 of 2012 and allied cases had been
pleased to inter alia hold that part time employees, ad-
hoc employees, casual labourers etc. would be entitled to
draw wages at the minimum of the pay scale i.e. at the
lowest grade in the regular pay scale extended to the
regular employees holding the same post. Learned
Advocate would submit that the said decision of the Co-
ordinate Bench has been confirmed by the Hon'ble
Division Bench of this Court (Coram : Anant Dave, ACJ
and Biren Vaishnav, J) vide judgment dated 19.05.2019 in
Letters Patent Appeal No.1155 of 2019 and allied
matters. Learned Advocate would further submit that
based upon the decisions of this Court referred to
hereinabove, the State Government has came out with a
policy decision vide Circular dated 16.07.2019 of giving
salary in minimum of pay scale to temporary employees.
Learned Advocate would further submit that as per the
Circular dated 16.07.2019, the benefit of payment of
salary in minimum of pay scale would be available to the
part time employees with effect from 01.01.2019, if the
concerned employee was in service on 01.01.2019.
5. As against the same, learned AGP could not point
out about the decision of the Co-ordinate Bench
confirmed by the Hon'ble Division Bench being interfered
with by the Hon'ble Apex Court. Learned AGP also could
not contradict the fact of Circular dated 16.07.2019 is in
force as on date. Learned AGP would submit that whether
C/SCA/2559/2021 ORDER DATED: 25/11/2021
the benefit of decisions of this Court as well as policy of
the State Government being applicable to the petitioners
or not may be left to the respondent authorities to decide.
6. Having regard to the submissions made by learned
Advocates for the parties, this Court proposes to dispose
of the present petition with the following directions :
(A) The respondent No.3 where the petitioners are
working at present shall within a period of three
weeks from the date of receipt of this order
forward a proposal to the parent department i.e.
respondent No.2. The proposal would be
recommending the case of the petitioners for being
paid salary in minimum of pay scale if the
petitioners are entitled to the same after
appropriate examination by the department. In
case the office/department where the petitioners
are working is of the opinion that the petitioners
are not entitled for benefit of Circular dated
16.07.2019, then the petitioners shall be informed
accordingly in writing.
(B) The parent department being Respondent No.2
shall examine the proposal sent to it, more
particularly as regards the entitlement of the
present petitioners to the benefit of Circular dated
C/SCA/2559/2021 ORDER DATED: 25/11/2021
16.07.2019 and whereas if the petitioners are
found entitled to the same, then the said proposal
shall be forwarded to the Finance Department,
State of Gujarat, within a period of two weeks from
the date of receipt of the proposal. In case the
parent department is of the opinion that the
petitioners are not entitled to the said benefit, the
same shall be informed to the petitioners in
writing.
(C) The Finance Department, State of Gujarat upon
receipt of the proposal shall examine the same as
regards the entitlement of the petitioners to the
benefit of Circular dated 16.07.2019 and shall pass
appropriate orders for payment of arrears and
payment of salary regularly in minimum of pay
scale.
7. The respondent authorities shall do well to
appreciate that as such having taken a policy decision
vide Circular dated 16.07.2019, it was incumbent upon
the State Government and its concerned departments to
have suo-motu done the exercise of identifying persons
who are entitled to the benefit of Circular dated
16.07.2019 and to make appropriate payments in their
favour. Having not done so and the petitioners being
required to approach this Court for redressal of their
C/SCA/2559/2021 ORDER DATED: 25/11/2021
grievance, therefore it is clarified that the time set out by
this Court as stipulated herein above is the outer most
time limit and whereas each of the departments shall
strictly abide by the time limit and whereas the proposals
or final order, as the case may be, shall be forwarded or
pass within the period stipulated herein above without
fail.
8. It is clarified that this Court has not gone into the
aspect of whether the petitioners are entitled to the
benefit of Circular dated 16.07.2019 and whereas the
concerned respondents shall take appropriate decision in
accordance with law. It is further clarified that in case the
petitioners were to be aggrieved with the decision of any
of the concerned respondents, then it would be open for
the petitioners to avail appropriate remedy as available to
him under the law.
9. With the above limited observations and directions,
the present petition is disposed of as allowed. Rule is
made absolute to the aforesaid extent.
Direct service is permitted.
(NIKHIL S. KARIEL,J)
V.V.P. PODUVAL
