Gujarat High Court

Kokilaben Paljibhai Vaghela vs State Of Gujarat on 12 September, 2025

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                               C/SCA/1531/2020                                  ORDER DATED: 12/09/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        R/SPECIAL CIVIL APPLICATION NO. 1531 of 2020

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                                                      KOKILABEN PALJIBHAI VAGHELA
                                                                 Versus
                                                        STATE OF GUJARAT & ORS.
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                        Appearance:
                        HCLS COMMITTEE(4998) for the Petitioner(s) No. 1
                        MR KRUNAL D PANDYA(3283) for the Petitioner(s) No. 1
                        MR HENIL SHAH, AGP for the Respondent(s) No. 1
                        MS SONAL D VYAS(999) for the Respondent(s) No. 2,3,4
                        NOTICE SERVED BY DS for the Respondent(s) No. 1
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                          CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                                            Date : 12/09/2025

                                                             ORAL ORDER

1. Heard learned advocates for the parties. With the

consent of learned advocates for the parties, this matter is

decided finally today.

2. This petition is filed for the following prayers:

"8(A) THIS HONOURABLE COURT may be pleased to admit and allow this petition;

(B) THIS HONOURABLE COURT may be pleased to issue a writ of mandamus/certiorari or any other appropriate writ, order or to direct the respondents to consider the case of the present petitioner to absorbed in the post of sweeper and regularized the service of the petitioner interest of justice as well as wages are implemented as per present

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scheme and arrear are required to be paid.

(C) THIS HONOURABLE COURT may be pleased to direct the respondent authority to considered the petitioner case and complied with benefits flowing from the govt.resolution dated 16-7-2019 and grant all benefits.

(D) PENDING PETITION THIS HONOURABLE COURT may be pleased to direct the respondent authority PAY SALARY 14800/- PRESENT employees during the pending hearing of the present case.

(E) xxxx"

3. At the outset, learned advocate Mr.Pandya for the

petitioner has submitted that the issue involved in the

present petition is squarely covered by the order passed by

this Court in Special Civil Application No.7256 of 2022 dated

15.3.2023.

4. Learned advocate Ms.Vyas for the respondents has

opposed the request and submitted that there is some

difference with regards to the post and it is not a sanctioned

post and therefore the said order passed by this Court

cannot be squarely applied in the facts of the present case.

5. Pursuant to the said submission of learned

advocate Ms.Vyas, learned advocate Mr.Pandya for the

petitioner has referred to the affidavit-in-reply filed by the

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respondent and the document which is annexed to the reply

i.e. Annexure R-4 dated 10.2.2020 and submitted that the

proposal is sent to all the DDOs regarding the increase in

the payment of the part-time employees. He, therefore,

submitted that considering all these aspects, similar order as

passed in Special Civil Application No.7256 of 2022 can be

passed in the present petition also.

6. Considering the submissions and the material

placed on record, this Court is of the opinion that similar

order is required to be passed in the present matter also as

the facts and prayers are almost identical. The order passed

in Special Civil Application No.7256 of 2022 is reproduced

hereinunder for ready reference.

"1. With the consent of learned advocates for the parties, this petition is heard and disposed of finally.

2. The present petition is filed with the following prayers:

"8(A) be pleased to allow this petition.

(B) be pleased to issue a writ of mandamus or any other appropriate writ, order or direction by quashing and setting aside the impugned order/communication dated 17-03-2022 passed by the respondent no.2 to the extent it directs non-

payment of salary (Annexure-J) and/or further be pleased to direct the respondents to pay the minimum pay scale salary

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of Rs.14,800 with effect from 01-01-2019 with arrears, 6% interest and all consequential and incidental benefits as per the Finance Department circular dated 16-07-2010 (Annexure- I).

(C) Pending admission, hearing and final disposal of this petition, be pleased to direct the respondents to continue the services of the petitioner by making regular payment of salary as per circular dated 16-07-2019 (Annexure-I) issued by the Finance Department of the state government. (D) xxxx"

3. Heard learned advocate Mr.Hardik Rawal for the petitioner and learned AGP Ms.Sarda for the respondents.

4. At the outset, learned advocate Mr.Rawal has fairly submitted that the earlier part of the prayer made in paragraph 8(B) is satisfied during the pendency of this petition as now he is getting salary of Rs.1760/- and therefore that part is not required to be dealt with.

5. For the remaining prayer in paragraph 8(B), learned advocate Mr.Rawal has drawn my attention towards the facts of the case that the petitioner is working since 1998 without any interruption and she is not getting any benefit of the various Government Resolutions as well as the decision of this Court in various proceedings. He has submitted that now the only prayer

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pertains for considering her case to pay minimum pay scale of Rs.14,800/- with effect from 1.1.2019 with arrears and all consequential and incidental benefits as per the Finance Department circular dated 16.7.2019. He has drawn my attention towards the circular of the Finance Department i.e. Annexure `I' dated 16.7.2019, more particularly, towards the internal page no.2, whereby the finance department of the government has held as that minimum pay scale for class IV employee should be considered for Rs.14,800/- from 1.1.2019. It is further clarified that the said Rs.14,800/- should be treated as fixed salary and no other allowance can be received by such employee. He has further drawn my attention towards the judgment of various judgments of this Court and lastly he has relied on the recent judgment of this Court rendered in Special Civil Application No.6852 of 2020 and other cognate matters in the case of Hasmukhbhai Chimanlal Tapodhan V/s State of Gujarat dated 19.7.2022, more particularly, towards paragraphs 17, 18 and 22 of the judgment. He has also drawn my attention towards the affidavit-in-rejoinder whereby he has stated that benefit of Government Resolution dated 16.7.2019 should be awarded in view of the judgment of Letters Patent Appeal No.1155 of 2019.

6. Per Contra, learned AGP Ms.Sarda who is appearing for the respondent no.1 has stated that as such at present the salary of the petitioner is rightly paid looking to the nature of work and the objection raised by the government by filing affidavit-in-reply, more particularly, qua the averments made in

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paragraph 8, whereby she has stated that the petitioner is working for three hours whereas, as per the direction given in the Letters Patent Appeal No.1155 of 2019, it is applicable to the persons who had been working for six hours or more. However, she has fairly submitted that as per her instruction till today, no Letters Patent Appeal is preferred against the judgment of learned Single Judge in Special Civil Application No.6852 of 2020 and cognate matters dated 19.7.2022. She has submitted that in view of the above, Court may not consider the prayers prayed for by the petitioner.

7. I have considered the rival submissions and also considered the Government Resolution dated 16.7.2019, more particularly, the specific mention by the government has directing to pay Rs.14,800/- towards fix salary with effect from 1.1.2019 for class IV employees who are working as part time employees. There is also provision that if the same is not paid to the employee within stipulated time period, then 6% interest is required to be paid as per the order of the High Court. Earlier also, the Division Bench of this Court has taken view in Letters Patent Appeal No.1155 of 2019 which is also once again considered by coordinate Bench of this Court in Special Civil Application No.6852 of 2020 by judgment dated 19.7.2022. Paragraphs 17, 18 and 22 are relevant and reproduced as under:

"17. Reading the circular dated 16.7.2019, it is very clear the Clause 1 of the circular when read indicates that those

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who had worked for more than four years were being paid Rs.220/- and those who were working for less than four hours, were being paid Rs.110/-. The Circular, therefore, cannot be read in a restricted manner to suggest that it cannot be made applicable to those who were appointed for less than four hours. That submission would even be against the policy of giving a minimum wage to the workmen.

18. In so far as the case of the rival parties as to whether the circular dated 16.7.2019 can be made applicable to those who had belatedly challenged their termination, para 31 of the decision of the Coordinate Bench dated 21.12.2018 clearly indicated that the principles enunciated in the decision shall be applicable to all those even those who do not approach the Court.

22. For all the aforesaid reasons as discussed hereinabove, considering the categories namely 8 in number, the petitioners are held to be entitled to the benefit of Circular dated 16.7.2019 and, therefore, all these petitions are allowed and the rejections if any, on these grounds as mentioned hereinabove are quashed and set aside."

8. The coordinate Bench has observed in the above order that this will be applicable to all those even those who do not approach the Court, however, it is unfortunate that inspite of such observation, the petitioner has to file the said proceedings before

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this Court.

9. Considering the settled legal position and the above mentioned decision, this petition deserves to be allowed and accordingly allowed. The respondents are directed to comply with the direction issued in circular dated 16.7.2019 by paying the fix salary to the petitioner @Rs.14,800/- with effect from 1.1.2019 with arrears within eight weeks from the receipt of this order. If such amount is not paid within eight weeks, then, as stipulated in the circular, the further interest @6% shall be paid thereafter. Direct service is permitted. "

7. This petition is allowed in terms of paragraph 9 of

the said order dated 15.3.2023 passed in Special Civil

Application No.7256 of 2022. It is open for the petitioner to

pray for regularization as the Court has not decided the said claim on merits at this stage.