IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 26 of 2026 In R/SPECIAL CIVIL APPLICATION/11820/2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT APPEAL NO. 26 of 2026 ==========================================================

DEPUTY DIRECTOR - ANIMAL HUSBANDRY & ANR.

Versus SHAILESHBHAI GORDHANBHAI PRAJAPATI & ORS.

==========================================================

Appearance:

MR UM SHASTRI(830) for the Appellant(s) No. 1,2 MS SHRUTI DHRUVE AGP for the Respondent(s) No. 2,3 MR NINAD P SHAH(10911) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 17/02/2026

ORAL ORDER

(PER : HONOURABLE MR.JUSTICE L. S. PIRZADA)

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 Ms.Shruti Dhruve 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 25.08.2025 passed by the learned Single Judge in the captioned writ petition, wherein the learned Single Judge had directed the present appellants - 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 petitioner 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 Ms.Shruti Dhruve 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 No.1 – 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 Ms.Shruti Dhruve 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 No.1 -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 25.08.2025 and after recording the same, the learned Single Judge has held thus:- “5. Having heard learned Senior Advoca