Gujarat High Court
Kalubhai Ranabhai Shiroliya vs State Of Gujarat on 23 September, 2024
NEUTRAL CITATION
C/SCA/12222/2024 ORDER DATED: 23/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12222 of 2024
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KALUBHAI RANABHAI SHIROLIYA & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SHALIN MEHTA, SR ADV with MR NINAD P SHAH(10911) for the Petitioner(s) No. 1,2
MS NIRALI SARDA, AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 23/09/2024
ORAL ORDER
1. The petitioners being aggrieved by the inaction on
the part of the respondents authorities in extending to
them the benefit of Finance Department's Circular dated
16.07.2019 allowing the minimum of the pay scale even
after putting in service for more than 23 years, working
for more than 6 hours a day, the petitioners, by way of
this petition under Article 226 of the Constitution of India,
challenges the same.
2. The petitioners state that they came to be appointed
as a part-time watchman on 02.07.2001 to work in the
office of respondent No.4 being the Referral Hospital and
Community Health Center, Vadia, Amreli. The Petitioners
were initially appointed for 29 days on fixed pay of
Rs.1,350/- per month. Thereafter, their appointment has
been extended from time to time.
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3. The petitioners state that though they are called part-
timer, in actual fact, they have been rendering service for
more than 6 hours a day and are being paid Rs.10,137/-
per month without any other benefits that are given to the
regular employees of the Health and Family Welfare
Department. The wage of the petitioners is not being
revised from time to time as per the minimum wages
prevalent in the state. Thus, the petitioners are being paid
less than the minimum wage prescribed by the State
Government.
4. Heard learned Senior Advocate Mr. Shalin Mehta with
learned Advocate Mr. Ninad P. Shah for the petitioners
and learned Assistant Government Pleaders Ms. Nirali
Sarda, for the concerned respondents in the petition.
5. Learned Senior Advocate Mr. Mehta, appearing for
the petitioners, submits that the issue in the present
petition concerns the grant of salary at the minimum of
the pay scale to the petitioners, who is employed on a
temporary basis for four hours or more with the
respondents. He contends that the issue is no longer res
integra. Specifically, he refers to a decision dated
19.07.2022 in Special Civil Application No. 8766 of 2021
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and allied matters, where a learned Co-ordinate Bench of
this Court categorized temporary workmen entitled to the
benefit of the minimum of the pay scale in accordance
with the Government Resolution dated 16.07.2019 and
observed that employees working in those categories would
be entitled to the said benefit. The learned Senior
Advocate further submits that this decision was challenged
by the respondent-State through Letters Patent Appeal No.
724 of 2023 and allied matters, which was restricted to
one category, namely, the payment of the minimum of the
pay scale to workmen employed for a minimum of four
hours or more as temporary employees. It is submitted
that the Division Bench, in its judgment dated 11.08.2023,
upheld the decision of the learned Co-ordinate Bench,
specifically holding that workmen employed for four hours
or more with the concerned respondents as temporary
employees are entitled to a salary at the minimum of the
pay scale, in accordance with the Government Resolution
dated 16.07.2019.
6. Learned Senior Advocate for the petitioners would
submit that the issue being settled by Division Bench of
this Court, and whereas since all the petitioners of the
present petition are working for four hours or more, this
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Court may direct the respondents to forthwith pay to such
petitioner's salary in minimum of pay scale, more
particularly, with effect from 01.01.2019 as per
Government Resolution dated 16.07.2019,
7. As against the same learned Assistant Government
Pleaders would submit that while the legal proposition as
emanating from the decisions of this Court as submitted by
learned Senior Advocate may not be disputable, yet, since
in the present group, there are various categories of
employees including the some, in whose case, there are no
specific orders of working for four hours or more,
therefore, this Court may inter alia direct the concerned
respondents to verify the fact of the number of hours
being worked by the petitioners on each day and whereas
appropriate orders with regard to payment of salary
minimum scale may thereafter be passed.
8. Having heard learned Advocates for the petitioner
and learned Assistant Government Pleader on behalf of the
respondent-State and having perused the documents
including judgment of the learned Co-ordinate Bench as
well as the Division Bench, insofar as the entitlement of
person who is working for four hours or more as
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temporary employee for minimum of pay scale, the same
is undisputable and undeniable. If the petitioners are
working for four hours or more, then such petitioner
would be entitled to salary in minimum of pay scale as
per Government Resolution dated 16.07.2019 with effect
from 01.01.2019. The only aspect which requires
verification is as regards the number of hours for which
the petitioners are working. Again, it requires to be
mentioned here that as per learned Senior Advocate and as
also coming out from the record, in majority of the cases,
there are orders issued by appointing authorities
themselves, whereby the petitioner's working hours have
been fixed for four hours or more. Therefore, while this
Court would permit the respondents to undertake a
verification, the same would be only of limited nature,
considering the observations as above, and within a
specific period of time frame.
9. Having regard to the above observations, the
following directions are passed:
I. It is the contention that as such the petitioners are
working for more than six hours as of now. The
appointing authorities in these cases only need to verify
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whether the original appointment order and/or later order/
service particulars certified by authorities specify whether
the petitioners are appointed for working for six hours or
more with the respondents.
II. Such verification shall be completed within a period
of two weeks by the concerned appointing authorities.
Upon such verification being completed, such employee in
whose case there is no objection, shall be paid salary in
minimum of pay scale with effect from 01.01.2019 within
a period of four weeks thereafter.
III. Insofar as the issue of regularization as prayed for by
the petitioners is concerned, the said issue is not
adjudicated in the present petition leaving it open for the
petitioners to have the same adjudicated by way of a fresh
petition, if they so desire.
10. The writ petition is accordingly, disposed of. No
order as to costs. Direct Service is permitted.
(ANIRUDDHA P. MAYEE, J.)
Manoj Kumar Rai
