Gujarat High Court
Manojkumar Vitthalbhai Vaghela vs State Of Gujarat on 31 January, 2024
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/3415/2023 ORDER DATED: 31/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3415 of 2023
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MANOJKUMAR VITTHALBHAI VAGHELA
Versus
STATE OF GUJARAT
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Appearance:
MR KR KOSHTI(1092) for the Petitioner(s) No. 1,2,3,4
MR SAHIL TRIVEDI, ASST.GOVERNMENT PLEADER for the Respondent(s)
No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 31/01/2024
ORAL ORDER
1. Heard learned advocate Mr.K.R.Koshti on behalf of the
petitioners and learned Assistant Government Pleader
Mr.Sahil Trivedi on behalf of the respondent - State.
2. By way of this petition, the petitioners have prayed for
grant of benefits as per the circular of the State Government
dated 16.07.2019 i.e. of granting salary in minimum of pay
scale to the present petitioners.
3. Considering the submissions made by learned advocate
Mr.Koshti, it would appear that the petitioners had been
appointed in the establishment of the District Court, Godhra
vide various orders and whereas in all the orders, it appears
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C/SCA/3415/2023 ORDER DATED: 31/01/2024
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that the number of hours put in by the petitioners have been
mentioned as six hours.
3.1. Learned advocate Mr.Koshti would submit that even as
of now, the petitioners are working as such for six hours and
more with the respondent. Learned advocate would submit
that under such circumstances, the petitioners be declared as
being entitled to the benefits of circular dated 16.07.2019.
4. Learned AGP Mr.Trivedi opposing the present petition
would submit that the orders relied upon by the learned
advocate were at the time of appointment of the petitioners
and whereas, the aspect of whether the petitioners are still
working for four hours or more is required to be verified.
4.1. Learned AGP would submit that appropriate directions
may be issued by this Court permitting the respondents to
verify the number of hours put in by the petitioners and if the
petitioners are otherwise entitled, this Court may direct the
respondents to make appropriate payment as per the circular
dated 16.07.2019.
5. Considering the submissions made by learned advocate
for the respective parties more particularly since the law with
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C/SCA/3415/2023 ORDER DATED: 31/01/2024
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regard to applicability of the circular dated 16.07.2019 no
more res integra, insofar as the facts of the present petition
are concerned, it would appear that a temporary employee
who is working for four hours or more with an establishment
under the State, would be entitled to salary in minimum of pay
scale w.e.f. 01.01.2019 as per the circular dated 16.07.2019.
The said law having been clarified by the learned Coordinate
Bench of this Court vide decision dated 19.07.2022 in Special
Civil Application No.8766/2021 confirmed by the Hon'ble
Division Bench of this Court vide judgment dated 11.08.2023
in Letters Patent Appeal No.724/2023 and allied matters.
5.1. Furthermore, insofar as the submission that the
petitioners have been working through outsourcing agency, it
would be relevant to mention that even the said aspect had
been considered by the learned Single Judge in judgment
dated 19.07.2022 more particularly at category no.4 and
whereas, it is declared that even employees who are
appointed on outsourcing basis are entitled to be granted
salary in minimum of pay scale.
5.2. It would also be required to be noted that the State
while it had challenged the decision of the learned Single
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Judge by filing the Letters Patent Appeal No.724/2023 and
allied matters, had not sought to question the law laid down
by the learned Coordinate Bench insofar as the above aspect
is concerned and whereas, the challenge was restricted to the
number of hours being put in by the employee.
6. Having regard to the above, following directions are
passed:-
(i) The respondent i.e. respondent no.2 shall verify the
services of the petitioners i.e. verify the number of hours
being put in by the petitioners and whereas, in case it is clear
as per the orders issued that the petitioners are working for
four hours or more, then the respondent no.2 shall declare the
petitioners to be entitled for benefit under the circular dated
16.07.2019.
(ii) The respondent no.2 shall thereafter move a proposal to
the respondent no.1 for appropriate payment, if found eligible
as noted hereinabove.
(iii) The above exercise shall be completed by the respondent
no.2 within a period of eight weeks from the date of receipt of
this order.
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(iv) In case, the respondent no.2 moves a positive proposal
to the respondent no.1 within the time limit stipulated
hereinabove, then the respondent no.1 shall ensure
appropriate proceedings for disbursement of the arrears and
shall ensure that the petitioners are regularly paid the salary
in minimum of pay scale as per the circular dated 16.07.2019
henceforth.
(v) In case the petitioners are aggrieved by any decision
that may be taken by the respondent no.2 in part or in whole,
then it would be open for the petitioners to agitate the same
before appropriate forum in accordance with law.
(vi) The respondents shall do well to appreciate the law laid
down by this Court as noted hereinabove.
7. With these observations and directions, the present
petition stands disposed of as partly allowed.
(NIKHIL S. KARIEL,J)
Bhoomi
