Part-time employees must work a minimum of four hours to qualify for pay under the Circular dated 16.07.2019, affirming that those working less are not entitled to such benefits.

ORDER :

L.S. PIRZADA, J.

1. Heard learned advocate Mr.U.M. Shastri appearing for the appellants, learned advocate Mr.Ninad P. Shah appearing for the respondent No.1 and learned Assistant Government Pleader Mr.Mitrajeet Shukla appearing for the respondent Nos.2 and 3.

2. The present appeal is preferred under Clause-15 of the Letters Patent, 1865 against the Judgment and Order dated 22.08.2025 passed by the learned Single Judge in the captioned writ petition, wherein the learned Single Judge had directed the present appellant - authorities to verify the working hours of the part-time employees within a period of two weeks and in case, if it is found that working hours are four hours or more i.e. after verification being completed, in case there is no objection, the original petitioners be extended the benefits under the Circular dated 16.07.2019, conferring the minimum pay-scale with effect from 01.01.2019 within a period of four weeks thereafter.

3. ADMIT. Learned advocate Mr.Ninad P Shah and learned Assistant Government Pleader Mr.Mitrajeet Shukla waive service of notice of admission for and on behalf of the respective respondents.

4. Learned advocate Mr.U.M. Shastri appearing for the appellants submitted that the aforesaid Circular dated 16.07.2019 was considered by the Division Bench in the group of matters being Letters Patent Appeals No.724 of 2023 and allied matters and by the Judgment dated 11.08.2023, the Division Bench has held that the part-time employees, who were working for less than four hours, are not entitled to the pay-scale as conferred by the Government Resolution dated 16.07.2019. It is submitted that though the respondent – original petitioner is working for four hours, he is not entitled to the benefits arising from the Circular dated 16.07.2019, as the Circular mentions that the pay-scale of a part time employees who were working for more than four hours are only entitled to such benefits. Thus, it is urged that the Order passed by the learned Single Judge may be quashed and set aside.

5. In response to the aforesaid submissions, learned advocate Mr.Ninad P. Shah appearing for respondent No.1 – original petitioner has submitted that the Order passed by the learned Single Judge may not be interfered with as the same aligns with the Circular dated 16.07.2019 and since the appellants have not disputed that the respondent No.1 is not working less than four hours, he is entitled to the benefits of pay as per the Circular dated 16.07.2019.

6. Learned Assistant Government Pleader Mr.Mitrajeet Shukla submitted that the expression used in the Circular dated 16.07.2019, would mean that the part-time employees have to complete minimum four hours work in order to get themselves or himself entitled for the minimum wages of Rs.14,800/-.

7. We have heard the learned advocates appearing for the respective parties.

8. It is not in dispute and in fact, admitted by the appellants that the respondent-original petitioner was working for four hours as a part-timer. Learned Single Judge has also recorded the same in paragraph no.5 of the impugned order dated 22.08.2025 and after recording the same, the learned Single Judge has held thus:-

“5. Having heard learned Senior Advocate for the petitioner and learned Assistant Government Pleader on behalf of the respondent- State and having perused the documents including judgment of the learned Co-ordinate Bench as well as the Division Bench, insofar as the entitlement of persons who are working for four hours or more as temporary employees for minimum of pay scale, the same is undisputable and undeniable. If the petitioner is working for four hours or more, then such petitioner would be entitled to salary in minimum of pay scale as per Go