Gujarat High Court
Ayubkhan Asarafkhan Pathan vs State Of Gujarat on 6 October, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/13551/2025 ORDER DATED: 06/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13551 of 2025
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AYUBKHAN ASARAFKHAN PATHAN
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1
MR ADITYA PATHAK ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
MR. DEVANG D DAVE(2627) for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 06/10/2025
ORAL ORDER
1. By way of this petition the petitioner is praying for extending the
benefits from the date of the circular dated 16.07.2019 issued by the Finance
Department.
2. It is the case of the petitioner that he is in fact rendering services of
full time employee, though he was appointed as part timer on a fixed
monthly salary.
3. Learned Advocate Ms. Ashlesha Patel appearing for the petitioner has
submitted that the issue is squarely covered by the decision of the Supreme
Court in the case of State of Punjab and Others vs. Jagjit Singh and
Others, (2017) 1 SCC 248. She has further submitted that after considering
the aforesaid judgment of the Apex Court, the Coordinate Bench of this
Court vide judgment dated 21.12.2018 rendered in Special Civil Application
No.7462 of 2012 and allied matters, while considering the policy of
outsourcing promulgated vide resolutions dated 10.02.2006 and 25.04.2012,
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C/SCA/13551/2025 ORDER DATED: 06/10/2025
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has directed the State Government to consider the cases for payment of
minimum wages in the last pay grade as enunciated by the Supreme Court in
the case of Jagjit Singh and Others (supra). The aforesaid judgment was
subject matter of challenge before the Division Bench and the Division
Bench vide common order dated 09.05.2019 passed in Letters Patent
Appeal No.1155 of 2019 and allied matters confirmed the view of the
Coordinate Bench. She has further submitted that thereafter the State
Government issued a resolution dated 16.07.2019, extending the benefits of
the judgments of this Court to such part time employees/temporary ad hoc
employees. It was promulgated that such employees would be granted the
fixed pay of Rs.14,800/- in the minimum pay scale of Class-IV employees.
It is the case of the present petitioner that though his case is squarely
covered by the said resolution, however, they are not extended such
benefits.
4. Learned AGP has submitted that for extending the aforesaid benefits,
the service of the petitioner are required to be verified by the concerned
department and a proposal has to be sent to the respondent- Finance
Department, as per the scheme of the resolution and accordingly, if it is
found that the petitioner is entitled, such benefits will be extended.
5. In the considered opinion of this Court, the present petition can be
disposed of with a direction to the respondent-Finance Department to
examine the cases of the present petitioner with regard to extending the
benefits of the resolution dated 16.07.2019.
6. The respondent-Finance Department is directed to call for necessary
details of the petitioner from the concerned department within a period
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C/SCA/13551/2025 ORDER DATED: 06/10/2025
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of three weeks from the date of receipt of the present order. The concerned
department is also directed to cooperate and forward the details of the
present petitioner to the Finance Department expeditiously within a period
of two weeks thereafter. The Finance Department is further directed to
examine each case of the petitioner with regard to his service conditions and
if he is found eligible as per the judgment dated 21.12.2018 passed in Special
Civil Application No.7462 of 2012 and allied matters and order dated
09.05.2019 passed in Letters Patent Appeal No.1555 of 2019 and as per the
resolution dated 16.07.2019, such benefits shall be extended to him. The
Finance Department is directed to pass appropriate orders after receipt of
the details of the petitioner within a period of four weeks. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
