Gujarat High Court
Sanjaybhai Pravinbhai Vaghela vs State Of Gujarat on 3 October, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/19963/2023 ORDER DATED: 03/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19963 of 2023
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SANJAYBHAI PRAVINBHAI VAGHELA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS VIDHI J BHATT(6155) for the Petitioner(s) No. 1
MR ADITYA PATHAK, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 03/10/2025
ORAL ORDER
1. Heard learned Advocate Ms.Vidhi J. Bhatt on behalf of
the petitioner and learned Assistant Government Pleaders
Mr.Aditya Pathak on behalf of the respondent - State.
2. Learned Advocate for the petitioner would submit that
the issue in the present petition pertain 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
learned Advocate would submit that vide a decision dated
19.07.2022 in Special Civil Application No. 8766 of 2021 and
allied matters a learned Co-ordinate Bench of this Court had
divided the temporary workman who would be entitled to
benefit of minimum of pay scale as per Government
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C/SCA/19963/2023 ORDER DATED: 03/10/2025
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Resolution dated 16.07.2019 into eight categories and had
inter alia observed that the employees working in the said
categories would be entitled to the said benefit. It is
submitted that as such, the petition concerns employee who
has been appointed for more than four hours and later been
appointed on outsourcing basis and whereas insofar the issue
with regard to outsourced employees is concerned, it is
submitted that category No.4 in decision of the learned Single
Judge, covers category of persons working on outsourced
basis including persons engaged on project work. It is further
submitted that the decision dated 19.07.2022 by the learned
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
Hon'ble Division Bench vide judgment dated 11.08.2023 had
confirmed the decision of the learned Co-ordinate Bench more
particularly holding that workmen who are working for four
hours or more with the concerned respondents as temporary
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employees would be entitled to grant of salary in minimum of
pay scale as per Government Resolution dated 16.07.2019. It
is submitted that insofar as the category of outsourced
workers is concerned, the State having not challenged the
findings of the learned Single Judge before the Hon'ble
Division Bench, therefore, the decision of the learned Single
Judge would cover the case of such petitioners who have been
appointed on outsourced basis.
3. Learned Advocate for the petitioner would submit that
the issue being settled by Hon'ble Division Bench of this
Court, and whereas since the petitioner of the present petition
is working for four hours or more, this Court may direct the
respondents to forthwith pay to such 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 submit that while the legal proposition as
emanating from the decisions of this Court as submitted by
learned Advocate may not be disputable, yet, in the present
case, there are no specific orders of working for four hours or
more, therefore, this Court may inter alia direct the
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C/SCA/19963/2023 ORDER DATED: 03/10/2025
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concerned respondents to verify the fact of the number of
hours being worked by the petitioner on each day and
whereas, appropriate orders with regard to payment of salary
in minimum scale may thereafter be passed.
5. Having heard learned Advocate 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 Hon'ble Division Bench, insofar as the entitlement of
persons who are working for four hours or more as temporary
employees 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. 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.
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5.1. Insofar as the issue with regard to petitioner working on
outsourced basis, it would appear that the cases of such
category have been dealt with by learned Co-ordinate Bench
in the decision dated 19.07.2022 in Special Civil Application
No. 8766 of 2021 and allied matters, whereby the learned Co-
ordinate Bench had inter alia recognized the entitlement of
even outsourced employees to receive salary in minimum of
pay scale. It would further appear that the said decision while
it had been challenged before the Hon'ble Division Bench, the
respondent-State had sought not to question observation as
regards outsourced employees. In this view of the matter, the
aspect of outsourced employees being entitled for salary in
minimum of pay scale is no more in dispute, the petitioner
who is working on outsourced basis would also be entitled to
salary in minimum of pay scale.
6. Having regard to the above observations, the following
directions are passed:-
(i) In the present petition, while it is claimed that the
petitioner had been appointed to work for four hours or more,
the appointing authorities would verify the number of hours
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for which the petitioner is working and whereas, if there is no
dispute as regards the petitioner working for four hours or
more, the petitioner shall also be entitled to salary in
minimum of pay scale with effect from 01.01.2019 and
hereinafter. The authorities are directed to decide the same as
per the observations /directions as hereinabove, and whereas
the verification/scrutiny shall be done within six weeks from
the date of receipt of this order.
(ii) It is further clarified that benefit of grant of minimum of
pay scale would be available even to employee who has been
appointed on outsourced basis, provided the employee is
working for four hours or more and there shall not be any
rejection on the count the petitioner being outsourced
employee.
7. With the above observations and directions, present
petition stands disposed of as allowed. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
Bhoomi
