Gujarat High Court Upholds Minimum Pay Scale for Part-Time Staff Working Four Hours

Ahmedabad: The Gujarat High Court, in a significant ruling on employee rights, has clarified that part-time government employees who work for a minimum of four hours a day are entitled to the full benefits of the fixed pay scale outlined in a 2019 government circular. The decision came as a Division Bench dismissed an appeal filed by the Deputy Director of Animal Husbandry against a Single Judge's order favoring a part-time employee.

The bench, comprising Honourable Mr. Justice A.S. Supehia and Honourable Mr. Justice L. S. Pirzada , affirmed that the state's intention was to provide the fixed pay of ₹14,800 to those who render at least four hours of actual service, thereby settling a crucial ambiguity in the policy's interpretation.

---

Background of the Dispute

The case originated from a writ petition where a part-time employee sought benefits under the Gujarat Government's Circular dated 16.07.2019. This circular established a fixed monthly pay of ₹14,800 for part-time employees. A learned Single Judge, in an order dated 25.06.2025, had directed the appellant authorities to verify the employee's working hours and, if found to be four hours or more, to extend the benefits of the circular.

The state authorities, specifically the Deputy Director of Animal Husbandry, challenged this order by filing a Letters Patent Appeal, bringing the matter before the Division Bench.

Arguments from Both Sides

• The Appellant's Stance (Government Authority): Represented by Advocate Pradip J. Patel, the appellants argued that the circular was intended only for employees working for more than four hours. They relied on a previous Division Bench judgment (LPA No. 724 of 2023) which had ruled that employees working less than four hours were not eligible. They contended that an employee working exactly four hours did not meet the "more than four hours" criterion they believed the circular implied.

• The Respondent's Position (The Employee): Advocate Dipak R. Dave, appearing for the employee, defended the Single Judge's order. He argued that the order was in perfect alignment with the circular's language and intent. Since it was an admitted fact that his client worked for four hours, he was unequivocally entitled to the fixed pay benefit.

Court's Interpretation and Reasoning

The Division Bench meticulously analyzed the language and purpose of the Circular dated 16.07.2019. The court noted that the circular itself provided the context for the new fixed pay scale, referencing a prior system where employees working "more than four hours" received ₹220/day, and those working "upto four hours" received ₹110/day. The 2019 circular consolidated these rates into a single fixed pay.

In its pivotal observation, the court interpreted the phrase "working upto four hours" to establish a clear threshold.

> "Furthermore, the expression used in the Circular dated 16.07.2019 that, 'the part-time employees who are working upto four hours', has to be construed that the employees in order to claim the pay of Rs.14,800/- have to actually work minimum for four hours and not less than four hours."

The bench reasoned that any other interpretation would lead to an absurd outcome where an employee working for a negligible amount of time could claim the full fixed pay, which could not have been the State Government's intention. The court also clarified that the precedent cited by the appellants was not applicable, as it only pertained to employees working less than four hours, a situation not present in this case.

Final Verdict and Implications

Finding no "infirmity or illegality" in the Single Judge's well-reasoned order, the Division Bench dismissed the appeal. The court upheld the directive for the authorities to verify the employee's working hours and to grant the benefits if the service rendered is a minimum of four hours.

This judgment provides crucial clarity for thousands of part-time government employees in Gujarat, solidifying their right to the minimum pay scale if they meet the four-hour work threshold. It serves as a precedent against narrow and restrictive interpretations of welfare policies, ensuring that the intended beneficiaries receive their rightful dues.