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2025 DAILYLAW 5110 (GUJ)

VINODKUMAR KANTILAL PATEL v. STATE OF GUJARAT

SCA/14017/2017 · 2025-07-25

N S Sanjay Gowda

body2025

Judgment text

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14017 of 2017 ========================================================== VINODKUMAR KANTILAL PATEL & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: DHRUVIK K PATEL(7769) for the Petitioner(s) No. 1,10,11,12,2,3,4,5,6,7,8,9 MS KRISHNA D DESAI, AGP for the Respondent(s) No. 1,2 MR AD OZA(515) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 25/07/2025 ORAL ORDER 1. The petitioners are challenging the amendment to the notification dated 1.3.2017 which was made as per the order dated 16.3.2017 by which the entitlement of Rs.900/- per day was reduced to a sum of Rs.375/- per day for those of the employees who had been deputed to verify the documents in respect of the applications received for recruitment to the posts of Lok Rakshak. 2. The learned counsels who appear in the matter submit that Annexure-B which is in vernacular does indicate that a sum of Rs.900/- per day would be paid to those employees who were deputed to undertake the work of verification of documents of the applicants. 3. It is not in dispute that this notification does not make any classification of the employees who are to be deputed for the p. 2 purpose of verifying the documents submitted by the applicants. 4. The learned counsels for the parties submit that Annexure- E would basically state that the employees who are deputed from the Education department would be paid a sum of Rs.375/- per day as per Column No.(6) of the notification dated 1.3.2017. 5. It is a case of the respondents that since the petitioners are teachers coming from the Education Department, they would only be entitled to Rs.375/- per day and not Rs.900/- per day. 6. The learned counsel admits that Clause-(6) of the Annexure-B indicates that if the employees of Class-II are engaged for the document verification and other administrative work, a sum of Rs.600/- per day would be paid and if Class-III employees are engaged, a sum of Rs.375/- per day would be paid. 7. Since it is not in dispute that Column No.5 of the notification dated 1.3.2017 admittedly states that for those employees who are deputed for verification of documents, Rs.900/- per day would be paid, the respondents would be incorrect in placing reliance on column No.(6) to reduce the amount. 8. It is to be borne in mind that this sum of Rs.900/- per day would be paid for a period of 06 days of work and having regard to the small amount involved, it would be inappropriate for the p. 3 respondents to state that a lesser amount of Rs.375/- per day would be paid and that too after extracting the work from the petitioners and therefore, I am of the view that Annexure-E cannot be sustained and the same is hereby quashed. The petitioners shall be paid a sum @ 900/- per day for 06 days of work which they undertook for the department, if not already paid. 9. Since it is respondent No.2 who had sought for the employees from the Education Department, it is obvious that the respondent No.2 shall pay the sum to the petitioners. 10. With the aforesaid directions, the present petition stands DISPOSED OF. Rule is made absolute to the accordingly. Sd/- (NSSG,J) OMKAR