Fixed-wage employees appointed on a fixed pay basis are entitled to the minimum of the pay scale as per the Finance Department circular dated 16.07.2019, based on the precedent established in Special Civil Application No. 6852 of 2020.

JUDGMENT

1. Heard Ms. Haizel Varghese, learned Advocate appearing on behalf of Ms. Aditi S. Raol, learned Advocate for the petitioners, Mr. Siddharth Rami, learned Assistant Government Pleader for respondent No. 1-State, and Ms. R. V. Acharya, learned Advocate for respondent Nos. 3 & 4.

2. RULE returnable forthwith. Mr. Siddharth Rami, learned Assistant Government Pleader, waives service of notice of Rule on behalf of respondent No. 1-State, and Ms. R. V. Acharya, learned Advocate, waives service of notice of Rule on behalf of respondent Nos. 3 & 4.

3. With the consent of the parties, the matter is taken up for hearing.

4. The present writ petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“A. Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the inaction on the part of the respondent authorities in not extending the benefit contained in the Finance Department circular dated 16.07.2019 ordering payment of the minimum of the pay scale of the post against which the part-timers are appointed to the petitioners herein as discriminatory and arbitrary and thus violative of Articles 14, 16 and 21 of the Constitution of India;

AA. Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction to quash and set aside office order dated 12.12.2022 passed by District Development Officer, Ahmedabad (Annexure-H) rejecting the petitioner's case for benefits of resolution dated 16.07.2019;

B. Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to consider the case of the petitioners for regularization;

C. Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to extend the benefits contained in Finance Department Circular dated 16.07.2019 to the petitioners;

D. Pending admission and final hearing of the petition, Your Lordships may be pleased to direct the respondent authorities to pay the petitioners the minimum of the pay scale of the post against which they are appointed as part-timers;

E. Pending admission and final hearing of the petition, Your Lordships may be pleased to restrain the respondent authorities from terminating the service of the petitioners for eventual engagement of outsourcing agency/contractor;

F Pending admission and final hearing of the matter, Your Lordships may be pleased to restrain the respondent authorities from taking any coercive action against the petitioners or from terminating their services otherwise than in accordance with law;

and

G. Your Lordships may be pleased to pass any other and/or further order, as deemed fit, in the interest of justice.”

5. At the outset, it is required to be observed that vide order dated 10.04.2026, this Court passed the following order:

“1. Heard Mr. Shalin Mehta, learned Senior Counsel appearing on behalf of Ms. Aditi S. Raol, learned Advocate for the petitioners and Mr. Siddharth Rami, learned Assistant Government Pleader for the respondent-State.

2. At the outset, Mr. Mehta, learned Senior Counsel, would submit that even though the petitioner is appointed on fixed wages, that would not be a ground to deny him at least minimum wages, which otherwise the petitioner entitled for.

3. Mr.