IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3014 of 2026 ==========================================================

PRAVINBHAI CHATURAJI SOLANKI Versus STATE OF GUJARAT & ORS.

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Appearance:

MR SHALIN MEHTA, SENIOR ADVOCATE with MR NINAD P SHAH(10911) for the Petitioner(s) No. 1 MR MITUL GAUTAM, AGP for the Respondent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 13/03/2026 ORAL ORDER

1. Heard learned Senior Advocate Mr. Shalin Mehta with learned Advocate Mr. Ninad Shah on behalf of the petitioners and learned Assistant Government Pleader Mr. Mitul Gautam on behalf of the respondent – State in both the petitions.

2. Learned Senior Advocate Mr. Mehta for the petitioners would submit that the issue in the present petition pertain to grant of salary in minimum of pay scale to petitioner who is working on temporary basis for four hours and more with the respondents. Learned Senior Advocate would submit that the issue is no more res integra more particularly learned Senior Advocate would submit that vide a decision dated 19.07.2022 in Special Civil Application No. 8766 of 2021 and allied matters a learned Co-ordinate Bench of this Court had divided the temporary workman who would be entitled to benefit of minimum of pay scale as per Government Resolution dated 16.07.2019 into eight categories and had inter alia observed that the employees working in the said categories would be entitled to the said benefit. Learned Senior Advocate would submit that the decision dated 19.07.2022 by the learned Co- ordinate Bench had been challenged by the respondent – State by preferring Letters Patent Appeal No. 724 of 2023 and allied matters. It is submitted that Letters Patent Appeal had been restricted to one of the categories i.e. as regards payment of minimum of pay scale to workmen who were working for minimum of four hours or more with the respondents as temporary workmen. It is submitted that the Division Bench vide judgment dated 11.08.2023 had confirmed the decision of the learned Co-ordinate Bench more particularly holding that workmen who are working for four hours or more with the concerned respondents as temporary employees would be entitled to grant of salary in minimum of pay scale as per Government Resolution dated 16.07.2019.

3. Learned Senior Advocate would submit that the issue being settled by Division Bench of this Court, and whereas since the petitioner of the present petition is working for four hours or more, this Court may direct the respondents to forthwith pay to such petitioners salary in minimum of pay scale, more particularly with effect from 01.01.2019 as per Government Resolution dated 16.07.2019.

4. As against the same learned Assistant Government Pleader would submit that while the legal proposition as emanating from the decisions of this Court as submitted by learned Senior Advocate may not be disputable, yet therefore, this Court may inter alia direct the concerned respondents to verify the fact of the number of hours being worked by the petitioner on each day and whereas appropriate orders with regard to payment of salary minimum scale may thereafter be passed.

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 any of the petitioner is working for four hours or more, then such petitioner would be entitled to salary in minimum of pay scale as per Government Resolution dated 16.07.2019 with effect from 01.01.2019. The only aspect which requires verification is as regards the number of hours for w