Gujarat High Court
Jagdishbhai Biharilal Solanki vs State Of Gujarat on 15 October, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
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C/SCA/16918/2024 ORDER DATED: 15/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16918 of 2024
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JAGDISHBHAI BIHARILAL SOLANKI
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. 1,2,5
MR HS MUNSHAW(495) for the Respondent(s) No. 3,4
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 15/10/2025
ORAL ORDER
1. Heard learned Advocate Ms. Vidhi J. Bhatt on behalf of
the petitioner, learned Assistant Government Pleaders
Mr.Aditya Pathak on behalf of the respondent - State and
learned Advocate Mr.H.S.Munshaw for respondents no.3 and
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
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divided the temporary workman who would be entitled to
benefit of minimum of pay scale as per Government
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 an employee
who had been appointed for four hours or/and more. 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 employees would be entitled to grant of salary in
minimum of pay scale as per Government Resolution dated
16.07.2019.
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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, since in the
present petition, there is 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 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 Advocates for the petitioners and
learned Assistant Government Pleader on behalf of the
respondent- State and having perused the documents
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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 any of the petitioner is 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 petitioner is working. Again, it requires to
be mentioned here that as per learned Advocate and as also
coming out from the record, there are documents 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:
[1] In the present petition, it is found that the petitioner has
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placed documents on record whereby it appears that
petitioner has been appointed as temporary workman to work
for four hours per day. It is also the contention that as such
the petitioner is working for much more than four hours as of
now. The appointing authorities in this case only need to
verify whether the original appointment order and or later
order /service particulars certified by authorities specify
whether the petitioner is appointed for working for four hours
or more with the respondents.
[2] Such verification shall be completed within a period of
two weeks by the concerned appointing authorities. Upon
such verification being completed the petitioner in whose case
if there is no objection, he shall be paid salary in minimum of
pay scale with effect from 01.01.2019 and hereinafter within a
period of four weeks thereafter.
7. With the above observations and directions present
petition stands disposed of as allowed. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
Bhoomi
