Gujarat High Court
Paurav Bakulkumar Adalja vs State Of Gujarat on 22 September, 2025
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C/SCA/12591/2019 ORDER DATED: 22/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12591 of 2019
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PAURAV BAKULKUMAR ADALJA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS MAMTA R VYAS(994) for the Petitioner(s) No. 1
MS FORUM B SUKHADWALA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 22/09/2025
ORAL ORDER
1. By way of this petition, the petitioner has sought
for a prayer that all benefits as have been paid to petitioner
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
No.1159/2017 and allied matters, be granted to the present
petitioner.
2. Heard learned advocates.
3. At the outset, learned Counsel appearing for the
petitioner 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
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advocate for the petitioner 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.
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 petitioner is a contractual lecturer and
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whereas, he 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 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
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petitioner is 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 ensure to the petitioner herein.
5. Hence, the following directions are passed:-
(i) The petitioner as a contractual lecturer 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.
(ii) The petitioner 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 eight weeks from the date of receipt of this order
and whereas, the petitioner is directed to file appropriate
application/s before the appropriate authority for allaying any
confusion with regard to the date of receipt.
6. With the above observations and directions, the
petition stands disposed of as allowed, in view of the order
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passed, observations made and direction given by the Hon'ble
Apex Court vide order dated 22.08.2025 as well as in view of
the order passed by the Division Bench dated 20.12.2023,
noted above.
Direct service is permitted.
(SANDEEP N. BHATT,J)
M.H. DAVE
