Gujarat High Court
Girishbhai Dhulabhai Solanki vs State Of Gujarat on 27 November, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/18909/2023 ORDER DATED: 27/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18909 of 2023
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GIRISHBHAI DHULABHAI SOLANKI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR MEET D KAKADIA(11896) for the Petitioner(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2,4
NOTICE SERVED BY DS for the Respondent(s) No. 3,5
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 27/11/2025
ORAL ORDER
1. Heard learned advocate Mr. Meet Kakadiya for the petitioner,
learned Assistant Government Pleader Mr. Aditya Davda on behalf of
respondent-State, learned advocate Mr. H.S.Munshaw for the respondents
No. 2, 3, 4.
2. Learned advocate Mr. Meet Kakadiya for the petitioner would
submit that the issue in the present petition pertains to grant of salary in
minimum of pay scale to petitioner who is working on temporary basis
for four hours and more with the respondents. Learned advocate for the
petitioner would submit that the issue is no more res integra more
particularly, in view of decision dated 19.07.2022 in Special Civil
Application No.8766 of 2021 and allied matters, the Co-ordinate Bench
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C/SCA/18909/2023 ORDER DATED: 27/11/2025
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of this Court had while observing that a temporary workman who would
be entitled to benefit of minimum of pay scale as per Government
Circular dated 16.07.2019 had divided the issue into eight categories and
had inter alia observed that the employees working in the said categories
would be entitled to the said benefit.
2.1. It is further submitted that the decision dated 19.07.2022 by the
Co-ordinate Bench had been challenged by the respondent - State by
preferring Letters Patent Appeal No.724 of 2023 and allied matters. It is
submitted that Letters Patent Appeal had been restricted to one of the
categories i.e. as regards payment of minimum of pay scale to workmen
who were working for minimum of four hours or more with the
respondents as temporary workmen. It is submitted that the Division
Bench vide judgment dated 11.08.2023 had confirmed the decision of the
Co- ordinate Bench, more particularly, holding that workmen who are
working for four hours or more with the concerned respondents as
temporary employees would be entitled to grant of salary in minimum of
pay scale as per Government Resolution dated 16.07.2019.
3. Learned advocate for the petitioner would submit that in petition,
the petitioner has relied upon documents of the respondents whereby it is
confirmed that the petitioner is working for four hours or more with the
respondents. Learned advocate for the petitioner would further submit
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that the issue being settled by Division Bench of this Court, and whereas
since petitioner of the present petition is working for four hours or more
as could be made out from documents on record, therefore, this Court
may direct the respondents to forthwith pay to the petitioner salary in
minimum of pay scale, more particularly with effect from 01.01.2019 as
per Government Resolution dated 16.07.2019.
4. As against the same, learned Assistant Government Pleader would
submitted that while the legal proposition from the decisions of this Court
as submitted by learned Advocate for the petitioner may not be
disputable, yet, the respondents may be permitted to atleast verify the
documents which have been produced on record by the petitioner
whereby they have attempted to point out that he has been working for
four hours or more and after such documents are verified, the authorities
may be directed to make payment as per the Government Circular dated
16.07.2019.
4.1. The submission made by learned AGP has been reiterated by
learned advocate Mr.Munshaw that the respondents may be permitted to
verify.
5. Having heard learned advocate for the petitioner and learned
Assistant Government Pleader as well as learned advocate Mr.Munshaw
on behalf of the concerned respondents and having perused the
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documents including judgment of the Coordinate Bench as well as the
Division Bench, insofar as the entitlement of person who is working for
four hours or more as temporary employee for minimum of pay scale, the
same is undisputable and undeniable. If the petitioner is working for four
hours or more, then the 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 petitioner is working. Again, it
requires to be mentioned here that as per submission of learned AGP and
as also coming out from the record, in all the these 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.
6. Having regard to the above observations, the following directions
are passed:-
(i) Since it is found that the petitioner has placed order on record
whereby it appears that petitioner has been appointed as
temporary workmen to work for four hours or more per day, the
appointing authorities need to verify only whether the original
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appointment order and /or later order/ service particulars issued
by the State Authorities specify whether the petitioner is
appointed / working for four hours or more with the respondents.
(ii) Such verification shall be completed within a period of ten
weeks by the concerned appointing authorities. Upon such
verification being completed, the employee who is found to be
working for four hours or more shall be paid salary in minimum
of pay scale hereinafter and whereas arrears from 01.01.2019
shall be paid within a period of four weeks thereafter.
(iii) It is clarified that while this Court having examined all the
matters has noticed that there are documents on record to show
that the petitioner is working for four hours or more, yet, if the
respondents, after verification, find that the petitioner is working
for less than four hours as required, then appropriate speaking
order shall be passed by the respondents rejecting the request and
whereas the same shall also be done within the above referred
period of ten weeks.
7. With the above observations and directions present set of petition
stand disposed of as allowed.
Direct service is permitted.
NIRZAR S. DESAI,J)
PARMAR CHIRAG
