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N. V. ANJARIA, CHEEKATI MANAVENDRANATH ROY
State Of Gujarat – Appellant
Versus
Shah Samir Bharatbhai – Respondent
| Table of Content |
|---|
| 1. the contract workers are seeking equality in pay with permanent positions. (Para 2 , 3) |
| 2. arguments centered on administrative errors and employment equality rights. (Para 4) |
| 3. court emphasize the adherence to established legal precedents in employment law. (Para 5) |
| 4. rationale stressing the importance of judicial discipline in following precedents. (Para 6) |
| 5. final judgment overturning the lower court's decision. (Para 7) |
JUDGMENT :
(N.V. Anjaria, J.)
Heard learned Additional Advocate General Ms.Manisha Lavkumar assisted by learned Assistant Government Pleader Mr.Siddharth Rami for the appellant State and learned advocate Mr.Namrata Chauhan for the respondent.
2. The present appeal under Clause 15 of the Letters Patent preferred by the State is directed against judgment and order dated 5.7.2023 read with order upon the Note for Speaking-to-Minutes dated 19.7.2023 passed in Special Civil Application thereby the appellant – original respondents came to be directed to grant pay scale and other benefits to the petitioners equivalent to minimum of the pay scale of Assistant Professors appointed on regular basis.
2.1 The directions given by learned Single Judge are extrac
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....
Homogeneous cadre of Assistant Librarians entitled to uniform pay scales including UGC benefits despite post-new rules regularization, as appointments predated prospective 2010 rules; parity prevents....
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
The principle of equal pay for equal work cannot be applied to perpetuate illegality; relevant statutory notifications must be adhered to.
The principle of equal pay for equal work under Articles 14 and 39(d) of the Constitution mandates that employees performing similar duties be compensated equally, regardless of title discrepancies.
Direct appointees entitled to pay parity with transferred employees and departmental counterparts performing identical duties, as unequal pay scales violate Articles 14/16; courts rectify arbitrary a....
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
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