Gujarat High Court
Vinodbhai Dayabhai Chudasama vs State Of Gujarat on 25 September, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/4387/2025 ORDER DATED: 25/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4387 of 2025
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VINODBHAI DAYABHAI CHUDASAMA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1
MR MITUL. GAUTAM ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 25/09/2025
ORAL ORDER
1. By way of present petition, the petitioners are praying for extending the
benefits from the respective date of the circular dated 16.07.2019 issued by the
Finance Department.
2. It is the case of the petitioners that they are in fact rendering services of
full time employees, though they were appointed as part timers on a fixed monthly
salary.
3. Learned Advocate Ms.Ashlesha Patel appearing for the petitioners has
submitted that the issue is squarely covered by the decision of the Supreme Court
in the case of State of Punjab and Others vs. Jagjit Singh and Others, (2017) 1
SCC 248. She has further submitted that after considering the aforesaid judgment
of the Apex Court, the Coordinate Bench of this Court vide judgment dated
21.12.2018 rendered in Special Civil Application No.7462 of 2012 and allied
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C/SCA/4387/2025 ORDER DATED: 25/09/2025
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matters, while considering the policy of outsourcing promulgated vide resolutions
dated 10.02.2006 and 25.04.2012, has directed the State Government to consider
the cases for payment of minimum wages in the last pay grade as enunciated by
the Supreme Court in the case of Jagjit Singh and Others (supra). The aforesaid
judgment was subject matter of challenge before the Division Bench and the
Division Bench vide common order dated 09.05.2019 passed in Letters Patent
Appeal No.1155 of 2019 and allied matters confirmed the view of the Coordinate
Bench. She has further submitted that thereafter the State Government issued a
resolution dated 16.07.2019, extending the benefits of the judgments of this Court
to such part time employees/temporary ad hoc employees. It was promulgated
that such employees would be granted the fixed pay of Rs.14,800/- in the
minimum pay scale of Class-IV employees. It is the case of the present petitioners
that though their cases are squarely covered by the said resolution, however, they
are not extended such benefits.
4. Learned AGP has submitted that for extending the aforesaid benefits, the
service of the petitioners are required to be verified by the concerned department
and a proposal has to be sent to the respondent- Finance Department, as per the
scheme of the resolution and accordingly, if it is found that the petitioners are
entitled, such benefits will be extended.
5. The Coordinate Bench of this Court has specifically observed that in fact
the entire policy of outsourcing, which was introduced with resolutions dated
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C/SCA/4387/2025 ORDER DATED: 25/09/2025
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10.02.2006 and 25.04.2012, was held to be illegal Thus, after the judgments
rendered by this Court, it is not open for the State Authorities to engage any
employees by way of outsourcing and even if they are engaged, they would be
entitled for the wages, as provided under the resolution dated 16.07.2019.
6. In the considered opinion of this Court, the present writ petition can be
disposed of with a direction to the respondent-Finance Department to examine
the cases of the present petitioners with regard to extending the benefits of the
resolution dated 16.07.2019.
7. The respondent-Finance Department is directed to call for necessary
details of all the petitioners from the concerned departments within a period of
three weeks from the date of receipt of the present order. The concerned
departments are also directed to cooperate and forward the details of the present
petitioners to the Finance Department expeditiously within a period of two weeks
thereafter. The Finance Department is further directed to examine each case of
the petitioners with regard to their service conditions and if they are found eligible
as per the judgment dated 21.12.2018 passed in Special Civil Application No.7462
of 2012 and allied matters and order dated 09.05.2019 passed in Letters Patent
Appeal No.1555 of 2019 and as per the resolution dated 16.07.2019, such
benefits shall be extended to them. The Finance Department is directed to pass
appropriate orders after receipt of the details of the petitioners within a period of
four weeks. It is clarified that the Finance Department, while examining each of
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C/SCA/4387/2025 ORDER DATED: 25/09/2025
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the case of the petitioner, shall specifically keep in mind that the entire policy of
outsourcing introduced vide Resolutions dated 10.02.2006 and 25.04.2012 has
been declared illegal. It is declared by this Court in the aforementioned decisions
that all such employees, who are terminated or affected due to the said policy, are
to be reinstated and conferred the benefit of minimum pay. Thus, the only factor,
which is requires to be examined in the case of the petitioners is that whether the
policy of outsourcing is/was detrimental to their service conditions, including
their termination or non-conferring of minimum pay. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
