Gujarat High Court
Rahimaben Aadambhai Katiya vs The State Of Gujarat Through The ... on 7 February, 2024
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/1111/2024 ORDER DATED: 07/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1111 of 2024
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RAHIMABEN AADAMBHAI KATIYA
Versus
THE STATE OF GUJARAT THROUGH THE REGIONAL DEPUTY
DIRECTOR
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Appearance:
KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1
MR ADITYA PATHAK, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 07/02/2024
ORAL ORDER
1. Heard learned Advocate Mr. Krishnan M. Ghavariya for the
petitioner and learned AGP Mr. Aditya Pathak for the respondent-State.
2. By way of this petition, the petitioner has prayed for grant of
benefit of Government Circular dated 16.07.2019, more particularly the
petitioner seeking payment of salary in minimum of pay scale.
3. Considering the submissions made by learned Advocate Mr.
Ghavariya, it would appear that the petitioner was appointed as a peon
with the respondent No.2 with effect from 05.05.1985 and whereas while
it is alleged that the petitioner was a full time employee, yet she had been
branded as a part-time employee. Be that as it may, it would appear that
NEUTRAL CITATION
C/SCA/1111/2024 ORDER DATED: 07/02/2024
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the services of the petitioner were terminated on 01.05.2006 and the
petitioner had sought to question the said termination by challenging the
same before the learned Labour Court and whereas the learned Labour
Court had been pleased to reinstate the present petitioner and whereas it
would appear that said decision of the learned Labour Court had been
confirmed upto the Hon'ble Apex Court. It would appear that the
petitioner had thereafter sought for being granted the benefit of
regularization by preferring Reference (I.T.) No.35 of 2019 and whereas
vide award dated 14.02.2020, the learned Industrial Tribunal, Rajkot had
been pleased to partly allowed the Reference by holding that the
petitioner be continued as a part time employee working for 04 hours and
be paid salary and arrears of salary from the date of reinstatement.
4. It is the case of the petitioner that upon the Government Circular
dated 16.07.2019 being passed by the State Government, the petitioner
working for 04 hours, is required to be paid salary in the minimum of pay
scale.
5. Considering the fact that the aspect of the petitioner working for 04
hours per day is confirmed by the learned Industrial Tribunal which
decision was not interfered by this Court in Special Civil Application No.
14955 of 2021 vide judgment dated 04.05.2022, in the considered opinion
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C/SCA/1111/2024 ORDER DATED: 07/02/2024
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of this Court, the petition requires consideration. Furthermore, it requires
to be noted that since it is the award of the learned Industrial Tribunal as
confirmed by this Court which clarifies that the petitioner is working for
04 hours per day, no verification of the number of hours being worked by
the petitioner is required.
6. Having regard to the same, the following directions are passed:
6.1 The petitioner is declared to be entitled for benefit of
Government Circular dated 16.07.2019 that is to state while the
respondents shall pay salary to the petitioner in the minimum of
pay scale, arrears from 01.01.2019 till date shall also be paid to the
petitioner within a period of six weeks from today.
7. With the above observations and directions, the present petition
stands disposed of as allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
