Gujarat High Court
Jaydipsinh Dashrathsinh Chavada vs State Of Gujarat on 8 September, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/8737/2023 ORDER DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8737 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 11387 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 13211 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 221 of 2024
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JAYDIPSINH DASHRATHSINH CHAVADA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ULLASH N GOHIL(8357) for the Petitioner(s) No. 1
MS NIRALI SARDA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/09/2025
ORAL ORDER
1. Heard learned advocate Mr.Ullash Gohil and learned
advocate Mr.Ekrama Qureshi appearing on behalf of the
petitioners and learned Assistant Government Pleader
Ms.Nirali Sarda appearing on behalf of the respondent -
State.
2. By way of these petitions, the petitioners have sought for
a prayer that all benefits as have been paid to petitioners
before a learned Coordinate Bench in Special Civil Application
No.8152/2015 wherein order dated 07.09.2016 had been
passed and confirmed partly by Hon'ble Division Bench vide
order dated 14.02.2023 in Letters Patent Appeal
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No.1159/2017 and allied matters, be granted to the present
petitioners.
3. At the outset, learned Counsels appearing for the
petitioners would draw the attention of this Court to a
decision of the Hon'ble Apex Court in Special Leave Petition
(C) No.1347/2024 dated 22.08.2025. It is submitted by
learned advocates for the petitioners that before the Hon'ble
Supreme Court, there were two sets of SLPs whereby the
State had challenged decision of the learned Coordinate
Bench in Special Civil Application No.8154/2015 referred to
hereinabove as confirmed by the Hon'ble Division Bench in
Letters Patent Appeal No.1159/2017.
3.1. It is submitted that the learned Coordinate Bench had
directed that ad-hoc lecturers appointed after May, 2008 shall
be paid salary in minimum of pay scale along with allowances
w.e.f. June, 2015. It is submitted that the said order had been
modified by the Hon'ble Division Bench to the extent that the
arrears would be restricted to a period of three years prior to
the date of filing of the petition with interest at the rate of 8%
from the date of entitlement till the date of realization.
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3.2. On the other hand, a judgment of another Hon'ble
Division Bench in Letters Patent Appeal No.1371/2023 dated
20.12.2023 whereby decision of a learned Coordinate Bench
dated 05.07.2023 read with order upon note for speaking to
minutes dated 19.07.2023 more particularly whereby the
decision of the learned Coordinate Bench had been set aside,
was also assailed before the Hon'ble Apex Court. It is
submitted that the petitioners are contractual lecturers and
whereas, they may be directed to be entitled to the same
relief as had been granted by the learned Coordinate Bench as
confirmed by the Hon'ble Division Bench in Special Civil
Application No.8154/2015 and Letters Patent Appeal
No.1159/2017. The Hon'ble Apex Court, in the above referred
decision, had while setting aside the decision of the Hon'ble
Division Bench as well as learned Coordinate Bench i.e. in
Letters Patent Appeal No.1371/2023 dated 20.12.2023 setting
aside decision of the learned Coordinate Bench in Special
Civil Application No.11567/2018 dated 05.07.2023, had inter
alia directed that the Assistant Professors shall be entitled to
salary in minimum of pay scale admissible to such post and
arrears would be paid for a period of three years preceding
the date of filing of the writ petition with interest at the rate
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of 8%.
4. Considering that the decision whereby all the benefits,
as entitled to a regularly appointed lecturer i.e. vide order
dated 05.07.2023 in Special Civil Application No.11567/2018
had been set aside along with decision of the Hon'ble Division
Bench dated 20.12.2023 in Letters Patent Appeal
No.1371/2023, it would appear to this Court that the Hon'ble
Apex Court has confirmed the decision of the learned
Coordinate Bench and the Hon'ble Division Bench in the first
line of the judgment referred to hereinabove. Since the
petitioners are stated to be identically situated to the
employees therein, to this Court, it would appear that the
same benefits, as has been granted to the employees therein,
should also enure to the petitioners herein.
5. Hence, the following directions are passed:-
(i) The petitioners as contractual lecturers shall be paid
minimum of pay scale with all allowances in the post of
lecturer and whereas, arrears are restricted for a period of
three years preceding the date of filing of the writ petition
before this Court.
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C/SCA/8737/2023 ORDER DATED: 08/09/2025
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(ii) The petitioners shall also be entitled to interest at the
rate of 8% calculated on the arrears which shall be paid from
3 years preceding the date of filing of the writ petition.
(iii) The above directions to be complied with within a period
of 60 days from the date of receipt of this order and whereas,
the petitioners are directed to file appropriate applications
before the appropriate authority for allaying any confusion
with regard to the date of receipt.
6. With the above observations and directions, the petitions
stand disposed of as allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J)
Bhoomi
