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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D.KARIA, L.S.PIRZADA
Deputy Director, Animal Husbandry – Appellant
Versus
Kiritbhai Ganeshbhai Patel – Respondent
| Table of Content |
|---|
| 1. clarification of appeal context (Para 1 , 2) |
| 2. dispute over pay-scale eligibility (Para 4 , 5 , 6) |
| 3. verification of employee working hours (Para 8 , 9) |
| 4. criteria for entitlement under circular (Para 10 , 11) |
| 5. dismissal of appeal (Para 12) |
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 w
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.
Part-time employees must work four hours or more to qualify for pay benefits under the Circular dated 16.07.2019, as verified by authorities.
Part-time employees must work a minimum of four hours to qualify for wage benefits under the Circular dated 16.07.2019; the court upheld the interpretation of eligibility based on this criterion.
Part-time employees are entitled to minimum pay under the circular but cannot claim continuation of service until superannuation.
The main legal point established in the judgment is the principle of 'equal pay for equal work' and the applicability of the Circular to part-time employees working for less than four hours.
The determination of employment status should be based on the actual nature of work performed, not solely on the appointment letter.
Part-time employees not entitled to regularization or regular pay parity.
Part-time employees cannot claim regularization or equal pay unless appointed against sanctioned posts, as per established legal precedents.
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