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PAMIDIGHANTAM SRI NARASIMHA, JOYMALYA BAGCHI
Shah Samir Bharatbhai – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. overview of appeals and judgments. (Para 2 , 6 , 16) |
| 2. importance of fair remuneration for educators. (Para 4 , 5 , 7) |
| 3. background of appointments and parity claims. (Para 8 , 9 , 11 , 12) |
| 4. analysis of arguments regarding parity and entitlements. (Para 20 , 21) |
| 5. equal pay for equal work principle established. (Para 22 , 23) |
| 6. final relief granted to contractual assistant professors. (Para 24 , 34) |
JUDGMENT :
1. Delay condoned. Leave granted.
2. These clutch of appeals stem from two judgments delivered by the Division Bench of the High Court of Gujarat. In the first judgment1[R/Letters Patent Appeal No. 1159 of 2017 dated 14.02.2023, in R/MCA No. 721 of 2024 dated 22.03.2024.], State of Gujarat & Anr. v. Gohel Vishal Chhaganbhai & Ors. State’s Letter Patent Appeals against orders of the single Judge granting the minimum scale of Assistant Professors to the respondents contractually appointed as Assistant Professors was dismissed. The State is before us in the first set of Civil Appeals. The second set of Civil Appeals pertain to some of the subsequently appointed contractual Assistant Professors, whose writ petitions were allowed by the single Judge granting compl
The court reinforced that contractual lecturers cannot claim equal pay as ad-hoc or regular professors due to foundational differences in recruitment, duties, and pay structure, thus affirming the pr....
Court ruled that the petitioner, reflecting the role and duties of an Associate Professor, is entitled to the minimum salary scale corresponding to the position, emphasizing protection against arbitr....
Service -Having all qualifications required for recruitment of Assistant Professors – If a person is put to officiate on a higher post with greater responsibilities, he is normally entitled to salary....
Absorption of adhoc faculty as Assistant Professors affirmed, emphasizing equal pay for equal work and recognition of long-term service.
Regularization of employment and entitlement to pay scales are contingent upon specific qualifications and conditions, not merely on the performance of similar duties.
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