Gujarat High Court
Sukhwinder Kaur Chetram vs State Of Gujarat on 31 January, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/MCA/297/2025 ORDER DATED: 31/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 297 of 2025
In R/LETTERS PATENT APPEAL NO. 825 of 2019
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SUKHWINDER KAUR CHETRAM
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
MR SAHIL TRIVEDI, LD.ASSTT. GOVERNMENT PLEADER for the
Opponent(s) No. 1,2
MR CHAITANYA S JOSHI(5927) for the Opponent(s) No. 3
MR. MN MARFATIA(6930) for the Opponent(s) No. 4,5,6
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 31/01/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. This application is filed with the following prayers:-
"Your Lordships may be pleased to
(A) Allow this review application by recalling the
judgement and order dated 21.08.2024 passed in LPA
No.825 of 2019 and be pleased to allow the Letters
Patent Appeal by granting the reliefs, as prayed for in
the appeal, in the interest of justice and/or in the
alternative
(B) Grant liberty to the applicant to prosecute her claim
for minimum of the pay-scale based on parity with the
Vyakhayata Sahayaks of Government Engineering
Colleges;
NEUTRAL CITATION
C/MCA/297/2025 ORDER DATED: 31/01/2025
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(C) Grant any other relief or pass any other order
which the Hon'ble Court may consider as justice and
proper in the facts and circumstances of the case."
2. At the outset learned advocate Mr.Vaibhav Vyas for the
applicant submitted that if the alternative prayer is granted,
that would satisfy the grievance of the applicant and she may
be given liberty to file appropriate proceedings for claiming
minimum of the pay scale based on parity with the
Vyakhayata Sahayaks of Government Engineering Colleges
based on the judgment dated 14.02.2023 passed in Letters
Patent Appeal No.1159 of 2017.
3. It is contended that the issue with regard to the
comparison or claim of the minimum of pay scale which has
been paid to the Vyakhayata Sahayaks of Government
Engineering Colleges has not been examined by this Court
since the issue was not raised in this regard since the claim
has only arisen in the year 2023 when the judgment was
passed by the Division Bench.
4. Learned advocate for the applicant has submitted that
though the aforesaid judgment was pointed out however, in
light of the prayer clauses made in the writ petition, the Court
has denied the prayers on the principles of equal pay for equal
NEUTRAL CITATION
C/MCA/297/2025 ORDER DATED: 31/01/2025
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work and also for minimum by comparing the cases of the
present applicant who is Vyakhayata Sahayak in Government
College to that of Adhyapak Sahayaks in non-Government
Colleges. It is submitted that infact the applicant is entitled to
minimum of pay scale to that of Vyakhayata Sahayaks of
Government Engineering Colleges on the principles of equal
pay for equal work. Thus it is urged that such clarification
may be issued in the present application so that the applicant
can avail the appropriate remedy.
5. Learned Assistant Government Pleader Mr. Sahil Trivedi
for the respondent - State has submitted that infact the Court
has examined the case of the present applicant by comparing
her case with the Adhyapak Sahayaks in non-Government
Colleges. He has submitted that it is always open for the
applicant to file appropriate proceedings in case she seeks
entitlement of minimum wages to that of Vyakhayata Sahayaks
of Government Engineering Colleges.
6. We have heard learned advocates appearing for respective
parties. It goes without saying that this Court in the judgment
dated 21.08.2024 of which review is sought, has examined the
case of the present applicant who is Vyakhayata Sahayak of
Government Engineering College by comparing her duties,
qualifications, mode of recruitment etc to that of Adhyapak
NEUTRAL CITATION
C/MCA/297/2025 ORDER DATED: 31/01/2025
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Sahayaks working in non-Government Colleges. After analyzing
such aspects, this Court rejected the Letters Patent Appeals.
7. It is also noticed by us that the judgment on which
reliance is placed i.e. judgment dated 14.02.2023 passed in
Letters Patent Appeal No.1159 of 2017 was pointed out and as
recorded in the submissions advanced by learned advocate who
was appearing for the appellants, however, we had not dealt
into the issue pertaining to grant of minimum of pay scale
equivalent to the regular pay scale of Vyakhayata Sahayaks of
Government Engineering Colleges.
8. Under the circumstances, in light of the aforesaid
undisputed facts, the present application is allowed in part to
the extent of alternate prayer. It will be open for the applicant
to file appropriate proceedings before appropriate forum
claiming minimum of pay/ pay scale equivalent to that of
Vyakhayata Sahayaks of Government Engineering Colleges. It
goes without saying that this Court has not gone into the
merits of the matter.
(A. S. SUPEHIA, J)
(MAUNA M. BHATT,J)
DIPTI PATEL/3...
