Gujarat High Court
Rajendra Ratilal Darji vs State Of Gujarat on 7 February, 2024
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/11900/2022 ORDER DATED: 07/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11900 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 14961 of 2022
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RAJENDRA RATILAL DARJI
Versus
STATE OF GUJARAT
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Appearance:
MR KRISHNAN GHAVARIYA, ADVOCATE for MR MURALI N
DEVNANI(1863) for the Petitioner(s) No. 1
MR SAHIL TRIVEDI, AGP for the Respondent-State
NOTICE SERVED for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 07/02/2024
COMMON ORAL ORDER
1. Heard learned Advocate Mr. Krishnan Ghavariya for learned
Advocate Mr. Murali N. Devnani for the petitioner in Special Civil
Application No. 11900 of 2022 and learned Advocate Mr. Krishnan
Ghavariya with learned Advocate Mr. Prateek S. Bhatia for the petitioner
in Special Civil Application No. 14961 of 2022 and learned AGP Mr.
Sahil Trivedi for the respondent-State in both the matters.
2. By way of these petitions, the petitioners have sought for grant of
benefit of Government Circular dated 16.07.2019, more particularly
contending that the petitioners have been working at least from the year
NEUTRAL CITATION
C/SCA/11900/2022 ORDER DATED: 07/02/2024
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2007 for 04 hours per day and whereas since the issue as regards payment
of minimum of pay scale to persons working for 04 hours or more is no
more res integra, therefore appropriate directions are sought for.
3. As against the same, learned AGP Mr. Trivedi for the respondent-
State would submit that while if the petitioners are working for 04 hours
or more, as per the policy of the State, as interpreted by this Court, such
persons would be entitled for salary in minimum of pay scale, yet, at the
same time, the respondents may be permitted to verify the aspect of
whether the petitioners are working for 04 hours or more.
4. Considering the submissions made by learned Advocates for the
respective parties, while it would appear that vide an order dated
-/03/2007, the Mamlatdar, Siddhpur, has allocated work to both the
petitioners, which in total would come to 04 hours per day, and whereas
considering the ambit of Government Circular dated 16.07.2019, as
explained by learned Co-ordinate Bench of this Court vide decision dated
19.07.2022 in Special Civil Application No. 8766 of 2021 as confirmed
by Division Bench of this Court vide judgment dated 11.08.2023 in
Letters Patent Appeal No. 724 of 2023, the petitioners would prima facie
be entitled to minimum of pay scale, yet as submitted by the learned
AGP, the said aspect is required to be verified by the respondents.
NEUTRAL CITATION
C/SCA/11900/2022 ORDER DATED: 07/02/2024
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5. Considering such a position, the following directions are passed:
[1] The respondent No.2 - Collector, District Patan, shall verify
the service details of the present petitioners, more particularly as
regards the period of work put in by the petitioners daily.
[2] As found in the order dated -/03/2007, if the petitioners are
working for 04 hours or more, then the benefit as enumerated in
Government Circular dated 16.07.2019 shall be paid to the present
petitioners.
[3] The exercise of verification and payment both shall be done
by the respondents within a period of 08 weeks from the date of
receipt of this order.
[4] In case the petitioners are aggrieved by the decision which
would be taken by the respondent No.2, then it would be open for
the petitioners to seek redressal of the grievance before appropriate
forum in accordance with law.
6. With the above observations and directions, the present petitions
stand disposed of. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
