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Gujarat High Court
Pravinbhai Chaturaji Solanki vs State Of Gujarat on 13 March, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/3014/2026 ORDER DATED: 13/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3014 of 2026
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PRAVINBHAI CHATURAJI SOLANKI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SHALIN MEHTA, SENIOR ADVOCATE with
MR NINAD P SHAH(10911) for the Petitioner(s) No. 1
MR MITUL GAUTAM, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 13/03/2026
ORAL ORDER
1. Heard learned Senior Advocate Mr. Shalin Mehta with
learned Advocate Mr. Ninad Shah on behalf of the petitioners
and learned Assistant Government Pleader Mr. Mitul Gautam
on behalf of the respondent - State in both the petitions.
2. Learned Senior Advocate Mr. Mehta for the petitioners
would submit that the issue in the present petition pertain to
grant of salary in minimum of pay scale to petitioner who is
working on temporary basis for four hours and more with the
respondents. Learned Senior Advocate would submit that the
issue is no more res integra more particularly learned Senior
Advocate would submit that vide a decision dated 19.07.2022
in Special Civil Application No. 8766 of 2021 and allied
matters a learned Co-ordinate Bench of this Court had divided
the temporary workman who would be entitled to benefit of
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C/SCA/3014/2026 ORDER DATED: 13/03/2026
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minimum of pay scale as per Government Resolution dated
16.07.2019 into eight categories and had inter alia observed
that the employees working in the said categories would be
entitled to the said benefit. Learned Senior Advocate would
submit that the decision dated 19.07.2022 by the learned Co-
ordinate Bench had been challenged by the respondent - State
by preferring Letters Patent Appeal No. 724 of 2023 and allied
matters. It is submitted that Letters Patent Appeal had been
restricted to one of the categories i.e. as regards payment of
minimum of pay scale to workmen who were working for
minimum of four hours or more with the respondents as
temporary workmen. It is submitted that the Division Bench
vide judgment dated 11.08.2023 had confirmed the decision of
the learned Co-ordinate Bench more particularly holding that
workmen who are working for four hours or more with the
concerned respondents as temporary employees would be
entitled to grant of salary in minimum of pay scale as per
Government Resolution dated 16.07.2019.
3. Learned Senior Advocate would submit that the issue being
settled by Division Bench of this Court, and whereas since the
petitioner of the present petition is working for four hours or
more, this Court may direct the respondents to forthwith pay
to such petitioners salary in minimum of pay scale, more
particularly with effect from 01.01.2019 as per Government
Resolution dated 16.07.2019.
4. As against the same learned Assistant Government Pleader
would submit that while the legal proposition as emanating
from the decisions of this Court as submitted by learned Senior
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Advocate may not be disputable, yet therefore, this Court may
inter alia direct the concerned respondents to verify the fact of
the number of hours being worked by the petitioner on each
day and whereas appropriate orders with regard to payment of
salary minimum scale may thereafter be passed.
5. Having heard learned Senior Advocate for the petitioner and
learned Assistant Government Pleader on behalf of the
respondent- State and having perused the documents including
judgment of the learned Co- ordinate Bench as well as the
Division Bench, insofar as the entitlement of persons who are
working for four hours or more as temporary employees for
minimum of pay scale, the same is undisputable and
undeniable. If any of the petitioner is working for four hours
or more, then such petitioner would be entitled to salary in
minimum of pay scale as per Government Resolution dated
16.07.2019 with effect from 01.01.2019. The only aspect which
requires verification is as regards the number of hours for
which the petitioner is working. Again, it requires to be
mentioned here that as per learned Senior Advocate and as
also coming out from the record, in this case, there is order
issued by appointing authorities themselves, whereby the
petitioners' working hours have been fixed for four hours or
more. Therefore, while this Court would permit the
respondents to undertake a verification the same would be
only of limited nature, considering the observations as above,
and within a specific period of time frame. The said
observations would also be applicable in case where proposals
have been already sent by the concerned Departments.
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6. Having regard to the above observations, the following
directions are passed:
(a) Insofar as the present petition being Special Civil
Applications Nos. 3014 of 2026 it is found that the
petitioner has placed orders on record whereby it
appears that petitioners have been appointed as
temporary workmen to work for four hours per day.
It is also the contention that as such the petitioner
is working for much more than four hours as of
now. The appointing authorities in these cases only
need to verify whether the original appointment
orders and or later orders /service particulars
certified by authorities specify whether the
petitioner is appointed for working for four hours or
more with the respondents.
(b) Such verification shall be completed within a
period of two weeks by the concerned appointing
authorities. Upon such verification being completed
all such employees in whose cases there is no
objection, they shall be paid salary in minimum of
pay scale with effect from 01.01.2019 and
hereinafter within a period of four weeks thereafter.
(c) In case, the decision of the respondents is
adverse to the interest of the present petitioner,
then a reasoned order shall be passed. It would be
open for the petitioner to assail the same before the
appropriate forum in accordance with law.
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With the above observation and direction present petitions
stand disposed of as allowed. Direct service is permitted.
(NIRZAR S. DESAI,J)
SHRIJIT PILLAI
