C/SCA/16424/2020 JUDGMENT DATED: 01/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16424 of 2020 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE MAULIK J.SHELAT ============================================= Approved for Reporting Yes No √ ============================================= SITABEN KANTIBHAI SOLANKI & ORS. Versus STATE OF GUJARAT & ORS. ============================================= Appearance: MR RASHMIN MAKWANA(3758) for Petitioner(s) No. 1,2,3,4,5,6,7 MS FORUM SUKHADWALA, AGP for the State respondents ============================================= CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 01/12/2025 ORAL JUDGMENT 1. Rule returnable forthwith. Learned AGP Ms.Forum Sukhadwala waives service of Rule for the State-respondents. With the consent of the learned advocates for the parties, the matter is taken up for hearing. 2. Heard learned advocate Mr.Rashmin Makwana for the petitioners and learned Assistant Government Pleader Ms.Forum Sukhadwla for the State respondents. 3. The present petition is ?led under Article 226 of the Constitution of India, seeking following reliefs : C/SCA/16424/2020 JUDGMENT DATED: 01/12/2025 “a. To admit and allow this petition; b. To hold and declare that the inaction on the part of the respondents in not paying the minimum wages to the petitioners, as being patently illegal, arbitrary and discriminatory and hence required to be quashed and set aside. c. To issue a direction to the respondents holding that the petitioners entitled to the wages of the minimum of pay scale (at the lowest grade, in the regular pay-scale) extended to the regular employees holding the same post; d. To direct the respondents, or their agents and/or servants not to terminate the services of the petitioners, without giving an opportunity of being heard to them; e. To direct the respondents to consider the case of the petitioners for regularization in service considering their length of service; f. Pending admission, hearing and #nal disposal of this petition, restrain the respondents from terminating the services of the petitioners; g. Pending admission, hearing and #nal disposal of this petition, direct the respondents to grant the wages of the minimum of pay scale (at the lowest grade, in the regular pay-scale) extended to the regular employees holding the same post;” SUBMISSIONS OF THE PETITIONERS : 4. At the outset, learned advocate Mr.Rashmin Makwana for the petitioners would submit that though petitioners have been appointed at respective Primary Health Centers at District Banaskantha as part-time workers for more than four hours a day, they are not getting minimum of the pay-scale available to Class-IV employees of the State. It is submitted that when the petition was ?led in the year 2020, they were drawing salary of around Rs.8,921/- and Rs.6,400/-, respectively. Nonetheless, they are entitled to receive minimum of the pay scale as available to Class-IV employees of the State. C/SCA/16424/2020 JUDGMENT DATED: 01/12/2025 4.1 Learned advocate Mr.Makwana would respectfully submit that as per decision of Division Bench of this Court dated 09/05/2019 in Letters Patent Appeal No.1155 of 2019, all petitioners are entitled to receive minimum of the pay scale. It is further submitted that subsequent to the aforesaid decision, the State through its Finance Department issued Government Resolution dated 16/07/2019 whereby, it directed all departments of the State to grant bene?t of the aforesaid judgment and a conscious decision was taken to pay Rs.14,800/- per month as a minimum of the pay-scale to all part-time employees engaged in various departments of the State. It is further submitted that subsequent to the aforesaid Government Resolution, there is also a pay revision and the same also requires to be considered by the respondents to pay such amount to the petitioners. 4.2 Learned Advocate Mr. Makwana appearing for the petitioners would state that during the pendency of the present petition, petitioner No.5 has been relieved from the services which could not have been done by the respondents as the bene?t of the minimum of the pay scale is also available to him and as such, without following due process of law, he could not have been relieved from the services. 4.3 Making the above submissions, learned advocate Mr.Makwana would request this Court to grant the prayers made in the petition. C/SCA/16424/2020 JUDGMENT DATED: 01/12/2025 SUBMISSIONS OF THE RESPONDENTS : 5. Per contra, learned AGP Ms.Sukhadwala appearing for the State would submit that pursuant to the aforesaid Government Resolution, State had decided to pay minimum of the pay-scale available to Class-IV employees to the part- timers who are engaged on the post of Class-IV for more than four hours a day. It is submitted that on veri?cation of the status of the present petitioners, appropriate decision will be taken in the matter and accordingly, if found eligible, they will be paid the bene?ts of aforesaid Government Resolution. 5.1 Learned AGP would submit that reason of relieving the petitioner No.5 from his services is not made known by petitioner No.5 as nothing has been submitted on record by the petitioners. Nonetheless, if there is no misconduct of the petitioner No.5 found when relieved from his services and if the bene?t of Government Resolution dated 16/07/2019 would be available to him, same shall be considered along with the claim of the other petitioners. ANALYSIS: 6. Having heard learned advocates for the respective parties and after going through the averments made in the petition and so also the documents which are annexed therewith, prima facie, it appears that all petitioners appointed at diGerent Primary Health Centers of the District Banaskantha by respondents as part-time employees, that too C/SCA/16424/2020 JUDGMENT DATED: 01/12/2025 on the post of Class-IV. It is not the case of the respondent State that petitioners are currently not working at the respective Health Centers as per the particulars supplied by the petitioners at Annexure-A to the petition except Petitioner No.5. Further, it is the speci?c case of the petitioners that despite the aforesaid Government Resolution dated 16/07/2019, they are not receiving minimum of the pay-scale available to Class-IV employees. 7. Considering the peculiar facts and circumstances of the case and having gone through the judgment and order dated 21/12/2018 passed by Coordinate Bench of this Court in Special Civil Application No.7462 of 2012 which appears to have been con?rmed by the Division Bench in Letters Patent Appeal No.1155 of 2019 and accordingly, State through its Finance Department issued circular dated 16/07/2019 whereby, it decided to pay minimum of the pay scale of Class- IV to all its part-time employees engaged in diGerent departments. Thus, as per the aforesaid Government Resolution, petitioners would be entitled to receive Rs.14,800/- from 01/01/2019 and any other upward revision thereof till date and so also, respondents authority requires to pay them regularly minimum of pay scale of Class-IV employee. CONCLUSION : 8. Having not received the bene?ts of the aforesaid Government Resolution, case of the petitioners deserves consideration. In view of foregoing reasons, I pass the C/SCA/16424/2020 JUDGMENT DATED: 01/12/2025 following order : (i) The respondents authority are directed to verify the claim of the petitioners as to whether their cases would fall within the Government Resolution dated 16/07/2019 issued through its Finance Department, inasmuch as, if they all are working as part-time employees for more than four hours a day, then requires to pay the bene?ts thereof and accordingly, pass on the bene?ts of said resolution to them on or before 15/01/2026. (ii) The respondents authority are also directed to calculate diGerence of amount to be paid as per the aforesaid Government Resolution and arrears to be released to the petitioners on or before 15/01/2026. (iii) Once, such arrears will be released in favor of the petitioners as aforesaid, respondents authority are hereby directed to pay regularly minimum of the pay- scale as available and provided to Class-IV employees of the State to the petitioners. (iv) As it is reported to this Court that petitioner No.5 has been relieved from service during the pendency of this petition, then till his date of relieve, he would also be entitled to receive bene?ts of Government Resolution dated 16/07/2019. So, petitioner No.5 also entitled to receive minimum of the pay scale from 01/01/2019 till C/SCA/16424/2020 JUDGMENT DATED: 01/12/2025 the date of he relieved from his services. It is further directed to the respondents authority that if there was no misconduct or any other serious concern found with the case of the petitioner No.5 at the time of relieving him, even as provided in the aforesaid Government Resolution dated 16/07/2019 itself that whosoever relieved requires to be reinstated in service and in that view of the matter, if any request made by petitioner No.5 to reinstate him, same shall be considered sympathetically, albeit in accordance with law. (v) When arrears amount to be calculated, respondents authority requires to take note of interest to be paid on such arrears amount as per aforesaid resolution, then same shall be paid to petitioner on or before 15/01/2026. (vi) Lastly, for any reasons, respondents having found petitioners eligible to receive aforesaid bene?ts but fails to pay within stipulated time as aforesaid, petitioners will entitle to receive such arrears including interest component thereon with 9% from 16/01/2026 till its realization. 9. In view of the aforesaid, the present petition is partly allowed. Rule is made absolute, to the aforesaid extent. No order as to costs. Direct service permitted. (MAULIK J. SHELAT, J) GAURAV J THAKER Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 01/12/2025 18:07:24