Gujarat High Court
Shailesh Jivrajbhai Vora vs State Of Gujarat on 23 September, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/8376/2024 ORDER DATED: 23/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8376 of 2024
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SHAILESH JIVRAJBHAI VORA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NM PATEL(6042) for the Petitioner(s) No. 1
MR.RAJESH B SONI(2632) for the Petitioner(s) No. 1
MR ADITYA PATHAK ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 23/09/2025
ORAL ORDER
1. Heard learned Advocate Mr. Rajesh Soni appearing on behalf of the
petitioner and learned Assistant Government Pleader Mr. Aditya Pathak
appearing on behalf of the respondent - State.
2. By way of this petition, the petitioner has sought for a prayer that all
benefits as have been paid to petitioners before a learned Co-ordinate Bench
in Special Civil Application No.8152 of 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 of
2017 and allied matters, be granted to the present petitioner.
3. At the outset, learned Advocate appearing for the petitioner would
draw the attention of this Court to a decision of the Hon'ble Apex Court in
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C/SCA/8376/2024 ORDER DATED: 23/09/2025
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Special Leave Petition (C) No.1347/2024 dated 22.08.2025. It is submitted
by learned 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 Co-ordinate Bench in Special Civil Application
No.8154 of 2015 referred to hereinabove as confirmed by the Hon'ble
Division Bench in Letters Patent Appeal No.1159 of 2017.
3.1. It is submitted that the learned Co-ordinate Bench had directed that
contractual 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 of 2023 dated 20.12.2023 whereby decision
of a learned Co-ordinate 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 Co-ordinate Bench had been set aside, was also
assailed before the Hon'ble Supreme Court. It is submitted that the
petitioner is contractual lecturer and whereas, he may be directed to be
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entitled to the same relief as had been granted by the learned Co-ordinate
Bench as confirmed by the Hon'ble Division Bench in Special Civil
Application No.8154 of 2015 and Letters Patent Appeal No.1159 of 2017.
The Hon'ble Supreme Court, in the above referred decision, had while
setting aside the decision of the Hon'ble Division Bench as well as learned
Co-ordinate 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 of 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 Co-ordinate Bench and the
Hon'ble Division Bench in the first line of the judgment referred to
hereinabove. Since the petitioner is stated to be identically situated to the
employees therein, to this Court, it would appear that the same benefits, as
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C/SCA/8376/2024 ORDER DATED: 23/09/2025
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has been granted to the employees therein, should also enure to the
petitioner herein.
5. Hence, the following directions are passed:-
(i) The petitioner as 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 60 days
from the date of receipt of this order and whereas, the petitioner is
directed to file appropriate application before the appropriate authority for
allaying any confusion with regard to the date of receipt.
6. With the above observations and directions, the petition stand
disposed of as allowed. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
