C/LPA/1571/2024 ORDER DATED: 26/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 1571 of 2024 In R/SPECIAL CIVIL APPLICATION/15811/2023 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 1571 of 2024 ========================================================== STATE OF GUJARAT & ANR. Versus RAHULKUMAR KANAIYALAL RATHOD & ANR. ========================================================== Appearance: MS SHRUTI DHRUVE AGP for the Appellant(s) No. 1,2 MS NAMRATA HARISHBHAI CHAUHAN(6534) for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 26/09/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA) 1. We have heard learned advocates appearing for the respective parties. 2. At the outset, learned AGP Ms. Shruti Dhruve has submitted that the issue is no more res integra in view of the recent judgment of the Supreme Court dated 22.08.2025 passed in Civil Appeal No. in case of Shah Samir Bharatbhai & Ors. v. State of Gujarat & Ors 2025 INSC 1026. 3. In the present case, the State has assailed the judgment and directions issued by the learned Single Judge dated 21.12.2023, which are as under:- “8. Having regard to the above observations and discussion, the following directions are passed:- (i) The present petitioners are declared to be entitled for benefit of pay scale and other benefits equivalent to minimum of pay scale of Assistant Professors C/LPA/1571/2024 ORDER DATED: 26/09/2025 appointed on regular basis. The petitioners would be entitled to annual increment as well as other benefits as available to the regular Assistant Professors. (ii) It is clarified that the petitioners would be entitled to such benefits only from a period of three years preceding the date of filing of the petition. (iii) It is further directed that the respondents to accord the benefits to the petitioners as accorded to ad-hoc Assistant Professors vide Circulars dated 15.10.1992 and 20.07.1999, and whereas the exercise of paying the arrears shall be done by the respondent authorities within a period of 10 weeks from the date of receipt of this order.” 4. The State – Government has assailed the judgment of the Division bench dated 20.12.2023 passed in Letters Patent Appeal No.1371 of 2023 in Special Civil Application No.11567 of 2018 arising from an identical issue, wherein the Division Bench has ultimately issued the following directions :- “6.4 The equation of post of determination of pay scales is the function primarily of the Executive, the courts will not ordinarily enter into the task to evaluate job profile of two categories of employees and would not go into the aspect of determination of pay scales to them. The differences in the pay scale would become justifiable for host of the factors, of which even one could be applied to distinguish and to make the class heterogeneous. The considerations may be the manner and process of recruitment, conditions attached to the appointment, the educational qualification required for the two posts, the nature of duties and like. Mere similarity of nomenclature of the post may not draw the principle of ‘equal pay for equal work’.” 5. In view of the aforesaid, the present Letters Patent Appeal is disposed of, in terms of the directions issued by the Supreme Court in judgment dated 22.08.2025. Consequently, the civil application also stands disposed of. (A. S. SUPEHIA, J) (L. S. PIRZADA, J) Radhika/16 Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: RADHIKA ABHILASH(HCD0042), Steno Gr II, at High Court of Gujarat on 30/09/2025 18:20:50